STAR QUENCHERS SPIRIT PVT. LTD,NASHIK vs. JOINT COMMISSIONER OF INCOME TAX (TDS), RANGE, NASHIK
In the result, appeal of the assessee is dismissed
ITA 251/PUN/2023[2011-12]Status: DisposedITAT Pune04 May 2023AY 2011-12
Bench: Shri S.S.Godara& Dr. Dipak P. Ripotestar Quenchers Spirit Pvt. Vs Jcit – Tds Range, Ltd., Flat No.1-1, Basant Nashik. Building, Spandan Nagar, Cidco, Aurangabad. Pan: Aancs 2939 J Appellant Respondent Assessee By : None Revenue By : Shri M.G. Jasnani, Dr Date Of Hearing : 01/05/2023 Date Of Pronouncement : /05/2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assesseeagainst The Orderof Commissioner Of Income Tax (Appeals) [Nfac], Delhi,Dated 30.01.2023U/S. 250 R.W.S. 254 Of The Act For A.Y.2011-12.The Assesseehas Raised The Following Grounds Of Appeal: 1. Cit(A) Has Erred In Not Deleting The Rs.1,09,304/- Penalty As Directed By Itat In Its Order Para 4,5,6. Appellant Prays To Delete Whole Of The Penalty Confirmed By Cit(A) Of Rs. 1,09,304/- 2. Without Prejudice To Ground No.1 Rs. 1,09,304/- Cit(A) Has Erred In Exceeding His Jurisdiction In Conforming Penalty Of Star Quenchers Spirit Pvt. Ltd.
For Appellant: NoneFor Respondent: Shri M.G. Jasnani, DR
Section 200(3)Section 250Section 272A(2)(k)
…had granted the opportunity to the assessee vide notice dated 18/03/2013, the Assessee had not filed any submission before the Joint Commissioner of Income Tax. 3.7 The Hon’ble Allahabad High Court in the case of Raja Harpal Singh Inter College vs PCIT [2016]386 ITR 327 (Allahabad) has held as under on identical facts: Quote, “12. Section 272A(2)(k) of the Act provides that if any person fails to deliver or cause to be delivered a copy of the statement within the time specified in section 200(3), then penalty of Rs.100 shall be paid for every day during which the failure continues provided that the amount of pe…