9911796707
TMI Blog2020 (4) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... evying penalty was disclosed to the AO. AO levied minimum penalty prescribed u/s 271B. - Except making a submission of assessee that senior partner was no well, no plausible explanation was furnished. Assessee filed the copy of death certificate of the Sr Partner of the assessee. The date of death of the partner is 05.04.2018 that is almost six years of the relevant period. Moreover, the assessee was getting the audited report from last several years and cannot plead the ignorance of the provisions. - Levy of penalty confirmed. - ITA No. 6590/Mum/2018 - - - Dated:- 31-1-2020 - Shri Pawan Singh (J.M.) And Shri S. Rifaur Rahman (AM) For the Appellant : Shri G.P. Mehta, CA For the Respondent : Shri V Vinod Kumar, Sr AR OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt alongwith return of income. 2. Brief facts of the case are that assessee filed return of income declaring income of ₹ 3 crores (approximately) on 30-11-2012. The return of income was filed beyond the due date of filing return of income. Assessment was completed accepting the return income. During the assessment, the AO noted that the books of account of assessee were audited only on 27-11-2012. Accordingly penalty u/s 271B was initiated. Show cause notice dated 25-03-2015 under section 271B read with section 274 was issued and served on the assessee. The assessee, vide reply dated 14-09-2015 stated that no specific charge was raised against the assessee. In absence of any specific charge, it is not possible for the assessee to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before filing the return of income. The return of income, though filed belatedly, but for filing return of income beyond due date, the assessee paid the penalty on such delay of late filing of return of income. The Ld.AR submits that there was reasonable cause as the senior partner was suffering from Parkinson s disease and ultimately expired on 05-04-2018. The Ld.AR furnished the copy of death certificate of Shri Sampatraj S Gandhi. The Ld.AR submits that there was no intentional or deliberate attempt on the part of the assessee for not getting the accounts audited before due date. The Ld.AR submits that a lenient view may be taken. 4. On the other hand, the Ld. DR submits that assessee has not shown any reasonable cause. No explanatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner, Shri Sampatraj S Gandhi was looking after the finalisation of accounts and he was under severe attack of Parkinsons and was under complete bed rest. 6. We have noted that no medical certificate of senior partner was either placed before us or before AO or before Ld. CIT (A). The assessee objected for validity of notice on the ground of specific charge. We have noted that in the show cause notice, the AO has fairly mentioned to show cause and to appear within 7 days as to why a penalty u/s 271B should not be levied. The AO also mentioned about the opportunity of hearing in person or through authorised representative. The assessee failed to substantiate and furnish plausible explanation, the explanation furnished by the assessee wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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