SH. MUKESH SINGLA & SONS (HUF),DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, DELHI

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ITA 4836/DEL/2025Status: DisposedITAT Delhi21 January 2026AY 2014-15Bench: SHRI MAHAVIR SINGH, HON’BLE (Vice President), SMT. RENU JAUHRI, HON’BLE (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged that while there might not have been a reasonable cause for non-compliance with all notices, the default was the same. The penalty under Section 271(1)(b) is deterrent in nature and not for revenue generation. Therefore, the penalty should be levied only for the first default.

What were the facts?

The assessee faced a penalty of Rs. 40,000/- under Section 271(1)(b) of the Income Tax Act for non-compliance with notices issued under Section 142(1) during reassessment proceedings. The assessee claimed mental and financial distress due to business losses and legal cases as reasons for non-compliance.

What were the issues?

Whether the penalty imposed under Section 271(1)(b) for multiple defaults in complying with notices under Section 142(1) is justified, or if it should be restricted to the first instance of default.

Which sections of the Income-tax Act were involved?

Section 271(1)(b),Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’ : NEW DELHI

Before: SHRI MAHAVIR SINGH, HON’BLE & SMT. RENU JAUHRI, HON’BLE

For Appellant: Dr. Rakesh Gupta, Adv. & Sh. Saksham
Hearing: 19.01.2026Pronounced: 19.01.2026

ORDER PER MAHAVIR SINGH, VP: This appeal by the Assessee is emanating from the order of the NFAC, Delhi in Appeal No. NFAC/2013-14/10433404 dated 05.8.2025. Penalty order u/s. 271(1)(b) of the Income Tax Act, 1961 dated 28.9.2022 relating to assessment year 2014-15 was passed on 28.09.2022.

2.

At the time of hearing, Ld. AR has submitted that in the instant appeal the only issue is against the action of the AO imposing a penalty of Rs. 40,000/- u/s. 271(1)(b) on the ground that the assessee has failed to comply with the notices issued u/s. 142(1) dated 26.11.2021, 11.02.2022, 02.3.2022 and 9.3.2022 by the AO during the course of reassessment proceedings. It was further submitted that assessee could not make necessary compliance to the said notices for the reason that the Karta of the assessee-HUF, Sh. Mukesh Singla was under immense mental and financial distress as he incurred huge losses due to fire that broke down in his business premises of his business concerns and he was occupied with the cases before the appropriate courts relating to his business concerns. He further stated that however, there was a reasonable cause on the part of the assessee for not appearing before the AO upon issuing of notices, but for all the notices, the default was the same and therefore, penalty of Rs. 10,000/- may be imposed for the first default made by this assessee in this regard. To support this contention, Ld. AR filed the copy of the decision in the case of Smt. Rekha Rani vs. DCIT (ITA No. 6131/Del/2013) (AY 2009-10).

3.

On the other hand, Ld. DR relied upon the orders of the lower authorities.

4.

We have heard the rival contentions and perused the relevant records. We find that in this case AO imposed the penalty of Rs. 40,000/- (Rs. 10,000 x 4 for each failure) u/s. 271(1)(b) on the ground that the assessee has failed to comply with the notices issued u/s. 142(1) dated 26.11.2021, 11.02.2022, 02.3.2022 and 9.3.2022 and Ld. CIT(A) confirmed the said action of the AO. We find that there was no reasonable cause on the part of the assessee for not appearing on the different dates of hearing before the AO in response to notices issued u/s. 142(1) of the Act. However, we find that the default is same and, therefore, penalty of Rs. 10,000/- could be imposed for the first default made by the assessee in this regard. In our view, the penalty under section 271(1)(b) could not be imposed for each and every notice issued under section 142(1), which remained not complied with on the part of the assessee. The provision of Section 271(1)(b) is of deterrent nature and not for earning revenue. In this view of the matter, we restrict the penalty levied u/s. 271(1)(b) of the Act to the first default of the assessee in not complying with the notice under section 142(1) of the Act. Accordingly, the penalty imposed is restricted to Rs. 10,000/- as against Rs. 40,000/- confirmed by the CIT(A). The ground of appeal

of the assessee is thus partly allowed. Our aforesaid view is 2 | P a g e fortified by the decision of the ITAT, Delhi in the case of Smt. Rekha Rani vs. DCIT (ITA No. 6131/Del/2013) (AY 2009-10) dated 06.05.2015.

5. In the result, the Assessee’s appeal is partly allowed. Order pronounced in the Open Court on 19.01.2026.

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