JAYGANGA EXIM INDIA PRIVATE LIMITED ,INDORE vs. ACIT CENTRAL-2 , BHOPAL
What did the Tribunal hold?
The Tribunal held that the period for compliance with the notices fell within the Covid-19 pandemic, a period of nationwide lockdown. Given the extraordinary circumstances and the impossibility of compliance, the Tribunal set aside the penalty order.
What were the facts?
The assessee failed to furnish a return of income in response to a notice under section 148 of the Income Tax Act, 1961. Despite multiple opportunities and reminders, the assessee did not comply, leading to a penalty under section 271(1)(b). The assessee's appeal to the CIT(A) was dismissed.
What were the issues?
Whether the penalty imposed under Section 271(1)(b) for non-compliance with notices during the Covid-19 pandemic is justified, considering the extraordinary circumstances and force majeure.
Which sections of the Income-tax Act were involved?
Section 148,Section 271(1)(b),Section 147,Section 144,Section 246A,Section 250,Section 253
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: DR. MANISH BORAD & SHRI PARESH M JOSHI
In the result “Impugned Order” is set aside and penalty at Rs.10,000/- u/s 271(1)(b) upheld in the impugned order is deleted.
Both the parties fairly submitted that the facts and circumstances of other one appeal i.e. ITANo.213/Ind/2025 are exactly identical to the Appeal in ITANo.212/Ind/2025 and similar contentions raised therein may be considered, therefore & 213/Ind/2025 A.Y. 2015-16 & 2018-19 our findings and directions given in ITANo.212/Ind/2025 shall apply mutatis mutandis to this appeal which is accordingly allowed .
5.2 In view of the aforesaid both the appeals of the assessee are allowed.
Order pronounced by putting on notice board in terms of Rule 34 of ITAT, Rules, 1963, on 30.10.2025.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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