2015 (6) TMI 1167 - AT - Income Tax

Penalty levied u/S 271(1)(b) - non-compliance of the notices issued by the AO - Held that - AO issued show cause notice on 1.5.2012 for its compliance or appearance on 7.5.2012. The assessee again did not appear on the date fixed i.e. 7.5.2012 instead he again sent a letter by speed post on 5.5.2012. There is no evidence on record that the letters sent by the assessee was received by the Assessing Officer before the date of hearing. The conduct of the assessee shows that he is totally non-cooperative to the Assessing Officer and he has no respect for the authorities. Since the assessee never appeared before the Assessing Officer in response to the notices issued by AO either in the assessment proceedings or in the penalty proceedings, we are of the view that no lenient view can be taken on the assessee, as if the penalty is deleted, a message will go to the public at large that there is no need to make compliance of the notices of the Income-tax authorities. The order of the CIT(A), who has rightly confirmed the penalty, deserves to be confirmed and accordingly we confirm the same. - Decided against assessee.

Summary

Issues involved:
Penalty under section 271(1)(b) of the Income-tax Act, 1961 for non-compliance of notices issued by the Assessing Officer.

Analysis:

1. Non-compliance of notices: The appeal was filed against a penalty of &8377; 10,000 levied on the assessee under section 271(1)(b) of the Income-tax Act for not complying with notices issued by the Assessing Officer. The Assessing Officer had initially issued a notice for appearance on a specific date, which the assessee did not comply with. Subsequently, the assessee sent a letter by registered post, but failed to appear on the rescheduled date as well. The Assessing Officer then initiated penalty proceedings and issued a show cause notice for non-compliance. The assessee once again failed to appear on the specified date, sending another letter instead. The Tribunal noted that there was no evidence to prove that the letters sent by the assessee were received by the Assessing Officer before the hearing dates. The Tribunal observed that the conduct of the assessee demonstrated a lack of cooperation and respect towards the authorities.

2. Decision on penalty: The Tribunal emphasized the importance of complying with notices issued by the Income-tax authorities. It was noted that the assessee had not appeared before the Assessing Officer in response to any of the notices issued, both in the assessment and penalty proceedings. The Tribunal expressed that leniency towards the assessee would set a negative precedent, implying that compliance with tax authorities' notices was not necessary. Consequently, the Tribunal upheld the penalty imposed by the ld. CIT(A), stating that confirming the penalty was essential to maintain the integrity of the tax compliance system. As a result, the appeal of the assessee was dismissed, and the penalty was upheld.

3. Conclusion: The Tribunal's decision highlighted the significance of adhering to notices issued by tax authorities and the consequences of non-compliance. The judgment underscored the necessity of respecting the legal procedures and authorities in the context of tax matters. By affirming the penalty, the Tribunal aimed to send a clear message that non-compliance with tax authorities' notices would not be tolerated, emphasizing the importance of upholding tax regulations and maintaining public trust in the tax system.