P.SHANTHI,COIMBATORE vs. ACIT CENTRAL CIRCLE 2, COIMBATORE

This appeal of the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals)-18, Chennai dated 24.11.2017 confirming penalty levied u/s.221(1) of the Income Tax Act, 1961 (in short ‘’the Act’’) and pertains to the assessment year 2012-2013.

There is a delay of 191 days in filing the appeal before this Tribunal.

Shri. B. Ramakrishnan, Ld. Representative for the assessee submitted that the assessee could not pay the taxes levied by the Assessing Officer within the prescribed time due to financial crunch. The Ld. Representative further submitted that since assessee has no asset or bank account, the Department has not taken any action to attach the same. Therefore, there was reasonable cause as provided in second proviso to Section 221 of the Act.

On the contrary, Shri Pavitran Kumar, the Ld. Departmental Representative submitted that the Assessing Officer passed order u/s.144 of the Act for non co-operation of the assessee. From the very beginning the assessee has not co-operated with the Department and taxes were also not paid inspite of repeated letters. Therefore, the AO was forced to levy penalty u/s.221(1) of the Act.

Having heard the Ld. Representative and the Ld. Departmental Representative, this Tribunal is of the considered opinion that there was justifiable cause for not paying the taxes within the prescribed time. The very fact that the Department has not initiated any proceedings for recovery of tax indicates that the assessee has no means to pay the tax. To born in the land of daridranarayanan as the poor is not a fault at all. Therefore no penalty could be levied in view of second provisio to Section 221 of the Act. Accordingly, orders of both the authorities below are set aside and the penalty levied by the AO as confirmed by the CIT (A) is deleted.

In the result, the appeal filed by the assessee in 2012-2013 is allowed.