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Facts
The assessee, M/s Shivnandan Buildwell [P] Ltd, filed an appeal against the order of the CIT(A) confirming a penalty of Rs. 2,58,68,110/- levied under section 271(1)(c) of the Income-tax Act, 1961, for Assessment Year 2013-14.
Held
Despite several notices, the assessee failed to appear and did not rectify the procedural defect of submitting an application for condonation of delay with an affidavit. Consequently, the Tribunal dismissed the appeal as defective.
Key Issues
Whether the CIT(A) correctly confirmed the penalty under section 271(1)(c), and the procedural non-compliance by the assessee regarding the appeal filing.
Sections Cited
271(1)(c) of the Income-tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,
Before: SHRI N.K. BILLAIYA, & MS ASTHA CHANDRA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:-
This appeal by the assessee is preferred against the order of the ld.
CIT(A) – 30, New Delhi dated 17.12.2018 pertaining to A.Y. 2013-14.
The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the levy of penalty of Rs. 2,58,68,110/- u/s 271(1)(c) of the Income-tax Act, 1961 [the Act, for short].
None appeared on behalf of the assessee in spite of several notices.
Our record shows that on 30.07.2019, the assessee was directed to file application for condonation of delay supported by an affidavit as per Rules.
Till date the assessee has not rectified the defect. Therefore, the appeal is dismissed as defective with liberty to the assessee to approach the Tribunal as per relevant provisions of law after removing the defect.
In the result the appeal of the assessee in is dismissed.
The order is pronounced in the open court on 09.02.2024.