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TMI Blog2019 (1) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... e is liable to file the return of income under the provisions of the Act and it fails to do so, then the provisions of section 272A(2)(e) of the Act automatically arises. The penalty levied under section 272A(2)(e) of the Act was rightly confirmed by the ld. CIT(A). Thus, the ground raised by the assessee stands dismissed. Penalty proceedings initiated by service of notice under section 272A(2)(e) r.w.s. 274 of the Act on 08.12.2015 and the penalty was levied vide order dated 02.03.2016, which is well within six month period provided and thus, clause (c) to section 275(1) of the Act also not applicable. Similarly, sub-sections 1(a) and 2 to section 275 of the Act also not applicable. Thus, the issue raised in the written submission by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 28.01.2013. A penalty notice under section 271(2)(e) dated 08.12.2015 was issued by the Addl. Commissioner of Income Tax (Exemption Range), Coimbatore. Penalty was levied for delay in filing of return of 509 days @ ₹.100/- per day vide order dated 23.03.2016. 3. Against the levy of penalty, the assessee trust carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee and facts of the case, the ld. CIT(A) confirmed the penalty levied under section 272A(2)(e) of the Act. 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that the belated filing of returns for the earlier two assessment years projected itself in the del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f income according to the provisions of section 139(4A) of the Income Tax Act, 1961 for the year under consideration. Thus, I do not find any valid reason to interfere with the penalty order. Therefore, these Grounds of Appeal are dismissed. Ignorance of law is not an excuse. A mistake committed by the assessee cannot be a reasonable cause for committing another mistake. The penalty proceedings under section 272A(2)(e) of the Act is a separate proceeding from assessment of income and the determination of income has no bearing with the quantum of penalty as long as the assessee is required to file its return of income under section 139(4A) of the Act. Once the assessee is liable to file the return of income under the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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