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TMI Blog2019 (8) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the AO, he cannot take the view that assessee failed to produce the required document. We have also noted that on the basis of same information the case of assessee was reopened under section 147 by issuing notice u/s 148 dated 12.03.2014. The assessee before the CIT(A) specifically contended that the re-opening proceeding was dropped by the Assessing Officer. In our view once the assessee denied the ownership of the bank account in response to the notice under section 133(6), the Assessing Officer cannot take the plea that assessee failed to comply with the condition of aforesaid notice. Hence, we are of the view that levy of penalty by Assessing Officer under section 272A(2)(c) was not justified. Therefore, we direct the Assessing Officer to delete the entire penalty. - Decided in favour of assessee. - ITA No. 4667/Mum/2018 (Assessment Year 2006-07) - - - Dated:- 30-8-2019 - Shri Shamim Yahya, Accountant Member And Shri Pawan Singh Judicial Member Appellant by : Ms. Divya Jeswant (AR) Respondent by: Shri Manoj Kumar Singh (DR) JUDGMENT Pawan singh, 1. This appeal by assessee is directed against the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the reassessment proceedings under Section 147 initiated on the basis the alleged bank account of HSBC Bank, Geneva were dropped in the case of Appellant by the AO. 8. In the premises of the aforesaid, the impugned Order has been passed without due application of mind, without considering the evidence on record, by purporting to rely on evidence which is clearly inadmissible and contrary to law and therefore the said Order is unsustainable and liable to be quashed. The appellant submits that each of the above grounds is independent and without prejudice to one another. 2. Perusal of record reveals that the order impugned in the present appeal was passed by learned Commissioner (Appeals) on 11th April 2018, however the present appeal was filed on 1st August 2018, thus there is apparent delay in filing the appeal before the Tribunal. The assessee has filed an application for condonation of delay. In the application for condonation of delay, the assessee stated that the impugned order was received by assessee only on 18th May 2018, the appeal was filed on 1st August 2018, thus, there is delay of 15 days and filing the present appeal. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the form of a document called Base Note. In the said Base Note various details of account holder such as name, date of birth, place of birth, sex, residential address, profession, nationality along with date of opening of the bank account with HSBC, Geneva and balance in certain years were informed. In case of assessee, a Base Note was also allegedly received. Base Note allegedly contained all personal details of the assessee including his name, date of birth, place of birth, sex residential address, profession, nationality with date of opening of the bank account with HSBC Bank, Geneva and the amount of balance in that particular years in the said document. On the basis of aforesaid information, the assessing officer was of the view that all the details clearly show the account belongs to assessee. The assessing officer reopened the case of assessee under section 147, by issuing notice under section 148 on 12th March 2014. A survey under section 133A was also conducted at the business premises of the assessee s group on 30th September 2011 by Investigation Wing of Income Tax Department, Mumbai. During the course of survey proceeding and subsequently statement of son of assessee w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the action of assessing officer concluded that non-signing of consent waiver form would not have amounted in furnishing false information by the assessee. That known furnishing consent waiver form have further enabled the assessing officer to carry out further investigation in the sensitive matter of unaccounted for an accounts held by international and that it had stunted investigation. And that the assessee has not shown any reasonable cause. Being aggrieved, the assessee has filed this appeal before this Tribunal. 6. We have heard the rival submission of ld. Authorised Representative of party and perused the material available on record. The learned AR of the assessee submit that in response to the notice under section 133(6), the assessee clearly stated that he does not own any bank account with HSBC, Geneva and there was no occasion for assessee to sign such consent waiver form. The assessee duly replied the notice under section 133(6) as there was no cause to treat the reply of assessee is noncompliance. The Assessing Officer is entitled to levy the penalty in case the assessee failed to file reply the question raised by assessee or to fail the in attending proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... count in HSBC Bank, Geneva. The Assessing Officer without rebutting his reply that there was any material before him to prove the contrary, has held that assessee has not complied with notice under section 133(6) by not signing the consent waiver form. Once assessee has duly complied with all the notices sent by the Assessing Officer, he cannot take the view that assessee failed to produce the required document. We have also noted that on the basis of same information the case of assessee was reopened under section 147 by issuing notice under section 148 dated 12.03.2014. The assessee before the ld. CIT(A) specifically contended that the re-opening proceeding was dropped by the Assessing Officer. In our view once the assessee denied the ownership of the bank account in response to the notice under section 133(6), the Assessing Officer cannot take the plea that assessee failed to comply with the condition of aforesaid notice. Hence, we are of the view that levy of penalty by Assessing Officer under section 272A(2)(c) was not justified. Therefore, we direct the Assessing Officer to delete the entire penalty. No contrary fact or material is placed before us. No contrary law is cited b ..... 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