GOPALAPILLAI SREEKUMAR,SOORANAD,KOLLAM vs. INCOME TAX OFFICER,CENTRAL CIRCLE-2,BBN, CENTRAL CIRCLE-II,BBN
Facts
The assessee filed appeals against the CIT(A)'s orders confirming penalties under Section 272A(1)(d) for non-compliance with notices during assessment proceedings for assessment years 2017-18 to 2020-21. The assessee argued that the non-compliance was due to his aged mother's illness, which required him to be out of station.
Held
The Tribunal held that the penalty, having been levied after the completion of assessment proceedings, implied that the Assessing Officer had condoned the non-compliance. Furthermore, the assessee had demonstrated a reasonable cause for non-compliance due to his mother's illness. Consequently, the penalties under Section 272A(1)(d) for all four assessment years were deleted.
Key Issues
Whether penalty under Section 272A(1)(d) can be levied after assessment completion, and if the assessee had reasonable cause for non-compliance.
Sections Cited
Section 272A(1)(d) of the Income Tax Act
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER MEMBER AND MANISH AGARWAL MANISH AGARWAL, ACCOUNTANT MEMBER , ACCOUNTANT MEMBER ITA No.48/CTK/2025: 48/CTK/2025: Assessment Year : Assessment Year : 2017-18 ITA No.4 ITA No.49/CTK/2025 : Assessment Year : 201 /CTK/2025 : Assessment Year : 2018-19 ITA No.50 50/CTK/2025 : Assessment Year : 201 /CTK/2025 : Assessment Year : 2019-20 ITA No.5 53/CTK/2025 : Assessment Year : 20 /CTK/2025 : Assessment Year : 2020-21
Gopal Gopal Pillai Pillai Sreekumar, Sreekumar, Vs. Income Tax Officer, Central Income Tax Officer, Central Sooranad, Kollam, Kerala Sooranad, Kollam, Kerala- Circle-2, Bhubaneswar 2, Bhubaneswar 690522 PAN/GIR No. No.AKMPS 1435 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri Subit Kumar Sahu, Adv Revenue by : Shri S.C.Mohanty, Sr DR : Shri S.C.Mohanty, Sr DR Date of Hearing : 28/01/20 2025 Date of Pronouncement : 28/01/20 025 O R D E R Per Bench These are These are appeals filed by the assessee against the filed by the assessee against the separate orders of the ld CIT(A), Bhubaneswar of the ld CIT(A), Bhubaneswar-2, all dated 13.11.2024 13.11.2024 confirming the penalty levied u/s.272A(1)(d) of the Act of Rs.10,000/ penalty levied u/s.272A(1)(d) of the Act of Rs.10,000/- each for the assessment year essment years 2017-18, 2018-19, 2019-20 and 2020-21, respectively 21, respectively.
Shri Subit Kumar Sahu Subit Kumar Sahu, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. Sr. DR appeared for the revenue.
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ITA No.48/CTK/2025: Assessment Year : 2017-18 ITA No.49/CTK/2025 : Assessment Yea r : 2018-19 ITA No.50/CTK/2025 : Assessment Yea r : 2019-20 ITA No.53/CTK/2025 : Assessment Year : 2020-21
Ld AR drew our attention to the respective assessment orders and penalty orders, which have been passed under:
Asst.Year Assessment order dt. Penalty order dt. 2017-18 25.9.2021 17.3.2022 2018-19 25.9.2021 17.3.2022 2019-20 25.9.2021 17.3.2022 2020-21 29.9.2021 30.3.2022 It was the submission that the penalty orders have been passed by the Assessing Officer much after the assessment orders have been passed. It was the submission that penalty u/s.272A(1)(d) of the Act was to be levied for non-compliance of notices issued in the course of assessment proceedings and this penalty has been levied after the completion of the assessment proceedings.
In reply, ld Sr DR vehemently supported the levy of penalty. It was the submission that the penalty is levied due to non-compliance of notices and, therefore, the levy of penalty should be confirmed.
In reply, ld AR submitted that the assessee had filed written submissions explaining the reasons for non-compliance of the impugned notices during the assessment proceedings owing to illness of his aged mother suffering from mental retardation coupled with psychotic falsie for which, the assessee was compelled to stay out of station and could not
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ITA No.48/CTK/2025: Assessment Year : 2017-18 ITA No.49/CTK/2025 : Assessment Yea r : 2018-19 ITA No.50/CTK/2025 : Assessment Yea r : 2019-20 ITA No.53/CTK/2025 : Assessment Year : 2020-21
comply with the notices issued by the Assessing Officer. It was the submission that the penalty may be cancelled.
We have considered the rival submissions. A perusal of the provisions of Section 272A(1)(d) of the Act shows that the penalty is to be levied for non-compliance of notices in the course of assessment proceedings. In the present case, the penalty admittedly is levied by the Assessing Officer after completion of the assessment proceedings. This clearly shows that the Assessing Officer on his own action had condoned the non-compliance of notices when he passed the assessment order. Even the assessee has shown reasonable cause for non-compliance of notices issued by the Assessing Officer owing to the illness of his mother. This being so, the penalty as levied by the Assessing Officer and confirmed by the ld CIT(A) u/s.272A(1)(d) of the Act stands deleted for the above four assessment years.
In the result, appeals of the assessee stand allowed.
Order dictated and pronounced in the open court on 28/01/2025.
Sd/- sd/- (George Mathan) (Manish Agarwal) JUDICIAL MEMBER ACCOUNTANT MEMBER Cuttack; Dated 28/01/2025 B.K.Parida, SPS (OS)
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ITA No.48/CTK/2025: Assessment Year : 2017-18 ITA No.49/CTK/2025 : Assessment Yea r : 2018-19 ITA No.50/CTK/2025 : Assessment Yea r : 2019-20 ITA No.53/CTK/2025 : Assessment Year : 2020-21
Copy of the Order forwarded to : 1. The Appellant : Gopal Pillai Sreekumar, Sooranad, Kollam, Kerala-690522 2. The Respondent: Income Tax Officer, Central Circle-2, Bhubaneswar 3. The CIT(A)- Bhubaneswar-2. 4. Pr.CIT, Bhub aneswar-2. 5. DR, ITAT, 6. Guard file. //True Copy// By order
Sr.Pvt.Secretary ITAT, Cuttack
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