2017 (11) TMI 1619 - AT - Income Tax

Penalty u/s 271(1)(b) - failure to comply with the statutory notices - Held that - The assessee claimed to be a part of the MDLR Group comprising of several entities in respect of which search operations was conducted by the Income Tax department on 31.01.2008. Main reasons for non-compliance included search operation in MDLR Group detention of Sh. Gopal Goyal poor turn-out of employees at work place large number of pendency of assessments u/s 153A and preparation of voluminous details etc. The contention of the assessee before us is that the above reasons constituted a reasonable cause that prevented the assessee from complying with the notice under reference or filing letters to seek adjournments is acceptable as we find that in the case of Sh. Gobind Kumar Goyal (2017 (8) TMI 1339 - ITAT DELHI) cited by the assessee the Tribunal has deleted the penalty under Section 271(1)(b) of the Act on similar set of circumstances.. The said case is also one of the case of MDLR Group - Decided in favour of assessee.

Summary

Issues:
Appeals against penalty under Section 271(1)(b) of the Income-tax Act, 1961 for assessment years 2005-06 to 2008-09 and 2002-03 to 2008-09 respectively.

Analysis:
The appeals were heard together and disposed of by a consolidated order due to identical grounds raised in all appeals. The main contention was the levy of penalty under Section 271(1)(b) of the Act. The appellant argued that the penalty was unjust as it was based on findings contrary to the assessment order, and there were reasonable causes for non-compliance. The appellant also claimed that the penalty was sustained illegally and without providing a fair opportunity. The Tribunal noted that the issue was similar to a previous case involving the 'MDLR' Group, where the penalty was deleted based on reasonable causes for non-compliance.

The Tribunal reviewed the relevant material and found that the assessee failed to comply with statutory notices due to various reasons, including search operations in the 'MDLR' Group and the detention of a key person. The Tribunal referred to a previous case involving the same group where the penalty was deleted due to reasonable causes for non-compliance. The Tribunal emphasized that the facts and circumstances of the case constituted a reasonable cause falling within the scope of the Act. It was noted that the demand in the quantum proceedings had been reduced to nil, and the non-compliance was technical and venial in nature, leading to the deletion of the penalty.

Based on the identical facts and circumstances to the previous case, the Tribunal directed the deletion of the penalty of &8377; 20,000 in all appeals for the respective assessment years. Consequently, all appeals by the assessee(s) were allowed, and the penalty under section 271(1)(b) of the Act was deleted. The decision was pronounced in open court on 13th Nov., 2017.