VINEET KUMAR,NEW DELHI vs. ITO WARD - 50(1), NEW DELHI
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 assessee had a reasonable cause for non-compliance, citing the non-receipt of notices and the preoccupation with his ailing father's care and death. Therefore, the penalty was not leviable.
What were the facts?
The assessee failed to comply with statutory notices issued by the Assessing Officer (AO) due to his father's severe illness and eventual demise. The AO imposed a penalty under Section 271(1)(b) of the Income Tax Act, which was reduced by the CIT(A).
What were the issues?
Whether there was a reasonable cause for the assessee's non-compliance with the statutory notices issued by the AO, and if so, whether the penalty under Section 271(1)(b) was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “H” NEW DELHI
Before: SHRI G. S. PANNUSHRI CHALLA NAGENDRA PRASAD
Shri V. Rajkumar, Adv.; िनधा�रतीक�ओरसे / Assessee by : Shri M. Baranwal, Sr. D.R.; & राज�वक�ओरसे / Department by Shri Sanjay Kumar, Sr. D. R.; : सुनवाईक�तारीख/ Date of hearing 21.04.2023 : उ�ोषणाक�तारीख/Pronouncement 29.05.2023 on : आदेश / O R D E R PER C. N. PRASAD, J.M.
This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-17 [hereinafter referred to CIT (Appeals)] New Delhi, dated 29.05.2019 for assessment year 2010-11.
The assessee has raised the following substantive ground of appeal:- “On the facts and in the circumstances of the case and in law the ld. CIT (Appeals) erred in confirming the penalty imposed by the Assessing Officer under section 271(1)(b) of the Income Tax Act, 1961 to the extent of Rs.40,000/-.”
The ld. Counsel for the assessee submits that the statutory notices mentioned above were never served on the assessee; that the father of the assessee was severely sick; that the father of the assessee eventually passed away at the relevant time; and that due to the absence of the assessee from the premises the notices issued by the AO remained unserved on him and so the assessee had no knowledge of the fixation. Considering the explanation as stated above the Ld. CIT (Appeals) reduced the penalty to Rs.40,000/- instead of Rs.50,000/- as originally imposed by the AO vide his order dated 26.06.2018.
The Ld. Counsel submits that Ld. CIT (Appeals) observed that "Section 273B does provide that penalty is not to be imposed if the assessee has reasonable cause for non- compliance." Thus, even according to the Ld. CIT (Appeals), if there was a reasonable cause for non-compliance, there would be room u/s 273B of the Act not to impose any penalty. The Ld. CIT (Appeals) observed in para 6.6 of the impugned order that "I find that the assessee has failed to explain the reasons for non-compliance" which observation is 2 apparently wrong because in the order at para 6.3 the causes cited by the assessee for non-compliance are duly reproduced by the Ld. CIT (Appeals) herself which all seem to have been ignored by her subsequently while passing the order.
The ld. Counsel further submits that in view of the fact that the Ld. CIT (Appeals) has omitted to note the reasonable cause as pleaded before her and has confirmed the penalty by observing that assessee has failed to explain the reason for non-compliance, the order of the Ld. CIT (Appeals) is apparently misdirected and wrong. That apart the non-receipt of notices being an adequate cause for non-compliance which the Ld. CIT (Appeals) has failed to recognise, the further fact of the preoccupation of the assessee in attending to his ailing father with the eventual demise of his father are all further facts constituting sufficient cause for condoning the penalty which has been missed out by the Ld. CIT (Appeals). It was submitted that the ground as raised be allowed and the penalty of Rs.40,000/- imposed u/s 271(1)(b) of the Act be deleted.
The ld. Counsel for the assessee placed a paper book containing written submissions before the ld. CIT (Appeals) and death certificate together with medical documents and also relied on the decision of the co-ordinate bench of the Tribunal in the case of Harvinder Singh Jaggi Vs. ACIT [(2014) 48 taxmann.com 121 (Delhi–Trib)]. 7. On the other hand, the ld. DR relied on the orders of the authorities below.
Heard rival submissions perused the orders of the authorities below. We observe that the Assessing Officer in the penalty order given the summary of statutory notices issued and compliance thereof as under:-
S.No. Date Description of Notice Date of Remarks. hearing 1. 11.07.2017 u/s 142(1) 20.07.2017 No compliance was made. 08.09.2017 u/s 142(1) 2. 15.09.2017 No compliance was made. 11.10.2017 u/s 142(1) 3. 17.10.2017 No compliance was made. 4. 07.11.2017 u/s 142(1) with final 14.11.2017 No compliance opportunity. was made. 5. 24.11.2017 u/s 142(1) along with 30.11.2017 No compliance was made. show cause notice u/s 144.
It is also observed by the Assessing Officer that there was no compliance on the date of hearing though notice was sent through Speed Post. However, it is observed that there is no finding by the Assessing Officer that any of the above notices was served on the assessee and the assewssee did not comply. Even before us no evidence was furnished by the Revenue suggesting that the above notices were in fact served on the assessee and there was no compliance by assessee. The submission of the assessee that he was attending to his ailing father and no notice was served on him as he was not residing in the premises cannot be brushed aside in view of the death certificate of his father who passed away on 22.02.2018 4 and medical reports dated 18.05.2017 and 09.08.2017. All this goes to show that there is reasonable cause for non-compliance of the above notices even assuming they were served. In the circumstances we hold that this not a fit case for levy of penalty under section 271(1)(b) of the Act and direct the Assessing Officer to delete the penalty. The ground raised by the assessee is allowed.
9. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on : 29/05/2023.
More judgments on Section 271(1)(b)
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1195/SRT/2025[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1194/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1193/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Laxmi Narain Kesarwani, Delhi vs DCIT, Central Circle-20, New DelhiITA 4432/DEL/2026[2020-21]Status: Disposed1 Oct 2026AY 2020-21
- 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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