PRINTLINK COMPUTER AND COMMUNICATION PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-2(2), BHUBANESWAR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the assessment was completed under section 143(3) and not under section 144, it implies that the assessee's subsequent compliance was considered sufficient. Therefore, the penalty under section 271(1)(b) was not justified.
What were the facts?
The Assessing Officer issued notices under section 142(1) and 143(2) to the assessee. The assessee did not comply with these notices, leading to a penalty of Rs. 10,000 under section 271(1)(b). The CIT(A) confirmed this penalty.
What were the issues?
Whether penalty under section 271(1)(b) is leviable for non-compliance with statutory notices when the assessment is completed under section 143(3).
Which sections of the Income-tax Act were involved?
Section 271(1)(b),Section 142(1),Section 143(2),Section 143(3),Section 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.22/CTK/2016 Assessment Year : 2010-2011
Printlink Computer and Vs. ACIT, Circle 2(2), Communication Pvt Ltd., Plot Bhubaneswar. No.783, Sahid Nagar, Bhubaneswar. PAN/GIR No.AABCP 0619 G (Appellant) .. ( Respondent)
Assessee by : Shri B.K.Mohapatra, AR Revenue by : Shri D.K.Pradhan, DR
Date of Hearing : 31/07/ 2017 Date of Pronouncement : 31 /07/ 2017
O R D E R Per N.S.Saini, AM This is an appeal filed by the assessee against the order of the CIT-
1, Bhubaneswar dated 6.10.2015 for the assessment year 2009-2010.
The sole issue involved in this appeal is that the ld CIT(A) erred in
confirming the action of the Assessing Officer in imposing penalty under
section 271(1)(b) of the I.T.Act, 1961 for Rs.10,000/-
The brief facts of the case are that the Assessing Officer issued
notices u/s.142(1) and 143(2)of the Act requiring the assessee to produce
the books of account and other details. Since, there was no compliance by
the assessee, to the statutory notice the Assessing Officer levied penalty
of Rs.10,000/- u/s.271(1)(b) of the Act.
2 ITA No .22/ CTK/2016 Asse ssment Year : 20 10- 201 1
On appeal, ld CIT(A) confirmed the penalty levied by the Assessing
Officer.
Before us ld A.R. of the assessee submitted that ld A.R. of the
assessee had fully co-operated in the assessment proceedings and
assessment was completed u/s.143(3) of the Act, as can be seen from the
assessment order u/s.143(3) of the Act passed on 8.3.2013. Hence, it
cannot be said that there was no compliance by the assessee to the
statutory notices issued by the Assessing Officer. Hence, he prayed that
the penalty should be deleted.
On the other hand, ld D.R. supported the orders of lower authorities.
After hearing the rival submissions and perusing the orders of lower
authorities and materials available on record, we find from the assessment
order that the Assessing Officer has stated in his order that before him the
ld A.R. of the assessee appeared and filed written submissions. The
Assessing Officer also admits in the assessment order that ld A.R. produced
bills and vouchers in support of the claim of deduction. The only ground on
which penalty u/s.271(1)(b) of the Act has been levied by the Assessing
officer is that the assessee did not comply with the statutory notices before
him. In the similar facts and circumstances of the case, we find that the
Ahmedabad Bench of this Tribunal in the case of M/s.Raj Enterprise vs ITO,
Ward-9(1) in ITA No.958/Ahd/2011 [Asstt. Year: 2007-08] order dated
4.5.2011 has held that when an assessment has been made under
sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent
3 ITA No .22/ CTK/2016 Asse ssment Year : 20 10- 201 1
compliance in the assessment proceedings was considered as good
compliance and the defaults committed earlier were ignored by the
Assessing Officer and, therefore, there is no case for levy of penalty under
sec.271(1)(b) of the Act. We find that in the present appeal also, the facts
are identical. Therefore, respectfully following the decision of Ahmedabad
Tribunal in the case of M/s.Raj Enterprise (supra), we set aside the orders
of lower authorities and delete the levy of penalty of Rs.10,000/- under
sec.271(1)(b) of the I.T. Act and allow the appeal of the assessee.
In the result, the appeal filed by the assessee is allowed.
Order pronounced in the open court on 31/07/2017. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 31 /07/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Printlink Computer and Communication Pvt Ltd., Plot No.783, Sahid Nagar, Bhubaneswar. 2. The Respondent. ACIT, Circle 2(2), Bhubaneswar. 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar, 5. DR, ITAT, Cuttack 6. Guard file. BY ORDER, //True Copy//
SR.PRIVATE SECRETARY ITAT, Cuttack
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