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TMI Blog2015 (7) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... staining the penalty of Rs. 36,000/- imposed arbitrarily by the Ld. Jt. Director of Income Tax (Intelligence) u/s 272A(2)(c) of the Income tax Act, 1961. 2. That the Ld. CIT (A)-II, Kanpur has also erred in law and on facts in passing an ex-parte order dated 23.03.2015, without giving reasonable and sufficient opportunity of being heard to the appellant. 3. That the Ld, CIT (A)-II, Kanpur has failed to appreciate that the notice u/s 133(6) of the Income Tax Act, 1961 could have been issued only by the Assessing Officer of the Bank situated at Kolkata i.e. ITO, Circle 6(1), Kolkata, hence the notice's dated 28.09.2012 & 08.11.2012 issued by ITO (Intelligence), Kanpur u/s 133(6) of the Income Tax Act, 1961 were illegal and arbitrary , ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T(A) or Jt.CIT(A) or CIT(A) may issue notice under sub section (6) of section 133 but in the present case, the impugned notice u/s 133(6) was not issued by the Assessing Officer or the DCIT(A) or Jt.CIT or CIT(A) and therefore, the notice issue u/s 133 (6) itself is not a valid notice and therefore, although there is default of the assessee in complying with the requirement of the notice but penalty u/s 272A(2)(c) is not justified. As per his second submission, he submitted that there was reasonable cause for the delay and hence, as per section 273B, penalty is not justified. In this regard, he submitted that the submissions of the assessee explaining reasons for delay are noted in the penalty order. He also placed reliance on the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stee, guardian or agent, to furnish him with a return of the names of the persons for or of whom he is trustee, guardian or agent, and of their addresses; (4) require any assessee to furnish a statement of the names and addresses of all persons to whom he has paid in any previous year rent, interest, commission, royalty or brokerage, or any annuity, not being any annuity taxable under the head "Salaries" amounting to more than one thousand rupees, or such higher amount as may be prescribed, together with particulars of all such payments made; (5) require any dealer, broker or agent or any person concerned in the management of a stock or commodity exchange to furnish a statement of the names and addresses of all persons to whom he or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred under this section, notwithstanding that no proceedings are pending before it or any other income-tax authority." 5.1 From the above provisions of section 133 of the Act, it is seen that the power is given to the Assessing Officer, the Deputy Commissioner (Appeals), the joint Commissioner or the Commissioner (Appeals) for issuing notice under sub section (6) of this section requiring any person including a banking company or any officer thereof, to furnish information in relation to such points or matters, or to furnish statements of accounts and affairs verified in the manner specified by the Assessing Officer, the Deputy Commissioner (Appeals), the joint Commissioner or the Commissioner (Appeals). Since, the notice was issued by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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