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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO & SHRI VINAY BHAMORE
ORDER
PER VINAY BHAMORE, JM:
This appeal filed by the assessee is directed against the order dated 09.07.2023 passed by Ld CIT(A)/NFAC for the assessment year 2010-11.
The appellant raised the following grounds of appeal :- “1. (a) The Ld. National Faceless Appeal Centre (NFAC) erred in law and in facts in dismissing the appeal filed against penalty order u/s. 271(1)(c) of Income Tax Act, 1961 dated 25.06.2018 merely on the premise that the appeal was filed belatedly and without providing reasonable opportunity of being heard. (b) The Ld. NFAC erred in law in dismissing the appeal filed against penalty order u/s. 271(1)(c) of Income Tax Act, 1961 dated 25.06.2018 levying a penalty of Rs.6,09,760/- without Ld. NFAC’s order dated 09.07.2023 had already received full relief in quantum appeal which was the sole basis for levying penalty u/s. 271(1)(c) of Income Tax Act, 1961.
2. Each of the above grounds are independent & without prejudice to each other.
3. The appellant craves leaves to add, amend, alter, or delete any or all ground of appeal.”
3. Briefly, the facts of the case are that the appellant assessee is an individual. Being NON Resident & no taxable income, No regular Return of Income under the provisions of section 139 of the IT Act for the assessment year 2010-11 was filed. However, on receipt of the information that the appellant assessee had sold a property located at Flat No.1004, 10th Floor, Anupum Apartments, NDA Pashan Road, Bhavdhan Kurd, Pune for a consideration of Rs.31,20,000/- during the previous year relevant to the assessment year under consideration, a notice u/s 148 of the IT Act was issued by the Assessing Officer, after recording reasons. In response to notice u/s 148, no return of income was filed by the appellant. Further, notices u/s 142(1) was issued on 06.10.2017 and 15.12.2017, but the assessee failed to comply with the said notices issued u/s 142(1) of the IT Act. Based on the information, the assessment was completed by the Assessing Officer u/s 144 r.w.s. 147 of the IT Act on 22.12.2017 determining total income of Rs.31,20,000/- under the head “Long Term Capital Gains”, on the