M/S SHINESTAR BUILDCON PVT. LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME-TAX, NEW DELHI

These five appeals by two different but related assessees are directed against the confirmation of penalty amounting to Rs.20,000/- each under section 271(1)(b) of the Income-tax Act, 1961 (hereinafter also called `the Act’) in relation to the assessment years 2006-07 to 2008-09.

Briefly stated, the facts of the cases are that the Assessing Officer imposed penalty u/s 271(1)(b) of the Act for non- compliance of the statutory notices. The ld. CIT(A) upheld the penalty. Aggrieved, the assessees have filed the instant appeals before the Tribunal.

We have heard the parties and perused the relevant material on record. It was submitted by the ld. AR that the non-compliance of the statutory notices of hearing issued by the Assessing Officer was not intentional, but, was for reasonable cause as the assessee group had to complete 303 group assessments within a short span of five months and further one of their directors was in judicial custody. We find that the non-compliance of the statutory notices by the assessees was due to the large volume of work to be completed by the group in a short span of time, which constitutes a reasonable cause within the meaning of Section 273B of the Act. We, therefore, delete the penalties u/s 271(1)(b) of the Act. Our view is fortified by several orders including an order of the Tribunal dated 06.11.2017 in the case of another group concern of the assessee, namely, M.M. Buildcon Pvt. Ltd. vs. DCIT in to 4521/Del/2015, in which a similar penalty imposed u/s 271(1)(b) of the Act amounting to Rs.20,000/- has been deleted. A copy of such order has been placed on record.

In the result, all the appeals of the assessees are allowed.