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TMI Blog2015 (5) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... enalties. Accordingly, the penalties in all these assessment years for all the assessee are cancelled decided the issue in favour of the assessee has decided the issue in favour of the assessee and against the Revenue - SHRI N.S.SAINI ACCOUNTANTMEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER For the Appellant : Shri K. M. Mehta, A.R. For the Respondent : Smt. Sonia Kumar, Sr. D.R. ORDER Per Shri Kul Bharat, Judicial Member. This appeal is filed by the assessee against the order dated 12-08- 2011 passed by Commissioner of Income Tax (Appeals)-XVI,Ahmedaad. 2. The assessee has raised the following grounds of appeal: (1) That the CIT (A) has erred in holding that assessee did not have reasonable cause. (2) That on facts and in law Ld. CIT (A) oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). However, it is not disputed that the assessment proceedings were initiated subsequently and the requisite details were filed as and when called for. The coordinate Bench-D Ahmedabad in the case of Swarnaben M. Khanna vs. D.C.I.T. (2010) 37 SOT (25) decided the issue in favour of the assessee has decided the issue in favour of the assessee and against the Revenue by holding as under:- We have considered the rival submissions and perused the material on record. The undisputed facts as emerge from the above discussion are that the statutory notice under sec.142(1) was issued to the four assessees for Assessment Year 2006-07 only and not for any other assessment years. No notice under sec. 1412(1) was issued to these assessees in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that they are tending to non-compliance and avoiding to furnish information. The statutory provision for levy of penalty is not for mere technical non-compliance but for actual or habitual defaulters. On the face of present facts where the Assessing Officer has hastily proceeded to initiate penalty proceedings in all the cases, it is difficult to infer that these assessees were intending to make non-compliance, information sought by the A.O. is very detailed and requires assistance from professionals like Advocate or Chartered Accountant. An affidavit has been filed from Shri Kaushal M. Khanna before the Ld. CIT (A), i.e. erstwhile Chartered Accountant who was handling his tax matters, has left all these assessees and the family is in searc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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