M/S. VINARS ENTERPRISE,RAJKOT vs. THE ITO, WARD-1(1) (4), RAJKOT
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 the penalty under Section 271(1)(b) should be deleted. This was based on the fact that only one proper notice was served with inadequate time for reply, and partner disputes prevented compliance.
What were the facts?
The assessee firm failed to respond to statutory notices issued by the Assessing Officer for assessment years 2012-13 and 2013-14, leading to best judgment assessments. Penalty proceedings were initiated under Section 271(1)(b) for non-compliance.
What were the issues?
Whether penalty under Section 271(1)(b) is leviable for non-compliance with notices when the notices were not properly served or provided adequate time for response, and internal disputes hindered compliance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: Ms. Annapurna Gupta & Shri T.R. Senthil Kumar
Appellant by : Written Submission Respondent by : Shri B.D. Gupta, Sr.D.R. Date of hearing : 30-08-2022 Date of pronouncement : 16-09-2022 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:-
These two appeals have been filed by the Assessee against the separate orders dated 06.12.2019 passed by the Commissioner of Income Tax (Appeals)-1, Rajkot as against partly confirming the penalty levied u/s. 271(1)(b) of the Income Tax Act, 1961 & 308/Rjt/2019 A.Y. 2012-13 & 2013-14 Page No 2 M/s. Vinars Enterprise vs. ITO (hereinafter referred to as ‘the Act’) relating to the Assessment Years (A.Ys) 2012-13 & 2013-14 respectively.
The brief facts of the case is that the assessee is a Firm, filed its Return of Income for the Assessment Year 2012-13 on 25.08.2012 admitting the total income of Rs. 10,900/-, and for the Assessment Year 2013-14 filed its Return of Income on 13.09.2013 admitting the total income of Rs. 32,272/-. Both the assessments were taken up for scrutiny assessment and notices u/s. 143(2) and 142(1) issued on various occasions. However the assessee neither responded to the notice nor offered any explanation to the Assessing Officer. Therefore the assessments were completed under best judgment u/s. 144 of the Act on 30.03.2015 and 31.03.2016 respectively for the Assessment Years 2012-13 & 2013-14. The assessing officer initiated penalty proceedings u/s. 271(1)(b) for non-compliance by the assessee to the various statutory notices issued u/s. 142(1)/143(2) of the Act.
2.1. The assessee explained vide letter dated 10.09.2016 that there were disputes between main partners who attending the Income Tax matter and due to total non-cooperation, the assessee firm could not comply with the notices, which has resultant in ex parte assessment orders. It is therefore requested that the non- compliance of notice being not intentional, the same can be kindly condoned and also pleaded some of the notices have been received after the date of hearing. The Assessing Officer considered the above explanation and not satisfied with the explanation offered and therefore levied a penalty of Rs. 60,000/- for non-compliance & 308/Rjt/2019 A.Y. 2012-13 & 2013-14 Page No 3 M/s. Vinars Enterprise vs. ITO of notices for the Assessment Year 2012-13. Similarly for the Assessment Year 2013-14, the A.O. levied penalty of Rs. 50,000/- u/s. 271(1)(b) of the Act.
Aggrieved against the same, the assessee filed an appeals before the Ld. CIT(A)-1, Rajkot. The ld. CIT(A) partly allowed the appeal for the Assessment Year 2012-13 on the ground that three notices were issued u/s. 142(1), date of service is not mentioned/proved. Therefore deleted. The only notice dated 22.12.2014 is shown to have been served before the date of hearing and the assessee has not responded to that notice. Therefore the Ld. CIT(A) confined the penalty of Rs. 10,000/- and partly allowed the appeal. For the Assessment year 2013-14, the ld. CIT(A) confined the penalty to the notice served on 20.08.2015 and 14.03.2016 and therefore confined the penalty of Rs. 20,000/-.
Aggrieved against the same, the assessee is in appeal before us. None appeared on behalf of the assessee and written submissions on behalf of the assessee is being filed. The main submission of the assessee is that the assessing officer has given only 15 days’ time to respond to the notices which is inadequate, therefore penalty for non-compliance should not be levied and relied upon few case laws. The assessee also claimed the disputes between the partners which prevented from not participating in the assessment proceedings and therefore request to delete the penalty. & 308/Rjt/2019 A.Y. 2012-13 & 2013-14 Page No 4 M/s. Vinars Enterprise vs. ITO
Per contra ld. D.R. appearing for the Revenue supported the orders of the Ld. CIT(A) and held that the Ld. CIT(A) has confined the penalty levied u/s. 271(1)(b) only to the notices which was duly served and not complied by the assessee. The assessee would have requested the Assessing Officer for extension of time to reply the notices issued to it, however assessee has not responded to any of the notices which has resulted in for passing ex parte assessment orders by the A.O. Therefore the levy of penalty confirmed by the Ld. CIT(A) does not require any interference and the appeal filed by the Assessee is liable to be dismissed.
We have given our thoughtful consideration and perused the materials available on record. In fact the Ld. CIT(A) has confined the levy of penalty u/s. 271(1)(b) very particularly to the notices which has issued and served on the assessee, wherein the assessee failed to comply/reply to the notices. Thus the ld. CIT(A) partially deleted the penalty levied against the assessee, wherein notices have been served to the assessee beyond the date of hearing or service of notices is not proved by the ld. A.O. Thus literally only one proper notice was served to the assessee, wherein adequate time is not given to the assessee to file its reply. Further as explained by the assessee, non-response to the notice is because of disputes between the Partners, considering the facts of the present case, the levy of penalty u/s. 271(1)(b) is liable to be deleted. & 308/Rjt/2019 A.Y. 2012-13 & 2013-14 Page No 5 M/s. Vinars Enterprise vs. ITO
In the result, both the appeals filed by the Assessee are hereby allowed.
More judgments on Section 271(1)(b)
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- Laxminarain Kesarwani, Delhi vs DCIT, Central Circel-20, New DelhiITA 4431/DEL/2026[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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