9911796707
TMI Blog1982 (3) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... 272(1)(a). 2. From the penalty order it is seen that the assessee filed written reply in response to the show-cause notice issued by the ITO who considering the facts on record was satisfied that it was a fit case for levy of penalty under the above section. Rs. 24,563 were directed to be paid by the assessee on that above section. On appeal, the AAC confirmed the order while nothing that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the submissions and cause shown in the written reply. It is also submitted that the authorities below did not even call on the assessee to produce supporting proof regarding the point of lapse on the part of the assessee's counsel. It is submitted that the cause was shown by the assessee and the department has not established that the cause as shown by the assessee, was not reasonable to justify t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cause shown by the assessee was not reasonable. It is submitted further that the ITO did not even consider the different aspects of the different submissions made by the assessee but without assigning any reason in notice that he was satisfied and that the penalty was leviable. He submitted that the order of the AAC may be cancelled. 4. On the other hand, the ld. D.R. supports the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee. The assessee has given a written reply to the show-cause notice which was noted by the ITO who did not discuss any part of the submissions as it could be apparent from the penalty order, from the order of the AAC certain facts transpired that the delay was due to the counsel's default. Even the AAC did not ask the assessee to produce any material to support the submissions made before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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