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TMI Blog2021 (5) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... bserve form the order of the authorities below, the assessment was completed u/s. 144 by rejecting the books of accounts of the assessee which clearly shows that the intention of the assessee was not in favour of the revenue for the payment of tax. It clearly shows that the assessee was not paying the taxes within the stipulated time. Hence the Assessing Officer has rightly imposed the penalty u/s. 221(1) of the Income Tax Act after considering that the assessee is in default for payment of tax. We did not find any substance on the submission of the Authorised Representative. The case laws (supra) relied on by the learned Authorised Representative are distinguishable on the facts of the present case on hand. As per our considered opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee filed appeal before the CIT(A). In the case on hand, the CIT(A)-III, Hyderabad has allowed the assessee payment of taxes in instalments in spite of the assessee did not paid in instalment. The CIT(A) sustained the penalty of ₹ 1 lac levied u/s. 221(1) of the Act. Aggrieved by the order of CIT(A), the assessee filed an appeal before us. 3. The ld. AR has reiterated the submissions made before the authorities below. Further, the learned A.R. of the assessee submitted that the CIT(A) has erred in sustaining the penalty of ₹ 1 lac without appreciating the assessee's financial constraints and submitted case laws for our consideration : i) DCIT Vs. Anjaneya Life Care Ltd. ITA No.6440/Mum/2013 Dt.25.03.2015. ii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above assessee company that the following amount of tax arrears remain to be paid: Asst. Year Tax Interest (Rs.) Nature 2009-10 8,51,87,390 Regular Tax 2009-10 1,00,000 Penalty u/s.271B 2009-10 10,000 Penalty u/s.271(1)(b) Vide this office letter dated 7-2-2012, the assessee was directed to make arrangements for payment of the above unpaid taxes, immediately, failing which it was intimated that coercive steps for collection of the taxes would be taken. In response, the assessee has f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tunity also and has not paid the tax arrears even as on date. Hence, a notice u/s 221 dated 09-05-2012 was issued to the company intimating it of its tax arrears as above and asking it to show cause why a penalty u/s 221 should not be levied for non payment of taxes. In this connection, an opportunity of hearing was accorded to the assessee to appear on 22-5-2012 without fall and offer its explanation, If any. The company has, however, once again preferred not to avail this opportunity also and has not appeared before the undersigned nor has it given any representation. Hence, it is now fairly construed that the company has no explanation whatsoever to offer for its non payment of taxes. I am of the opinion that it Is a fit case f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee which clearly shows that the intention of the assessee was not in favour of the revenue for the payment of tax. It clearly shows that the assessee was not paying the taxes within the stipulated time. Hence the Assessing Officer has rightly imposed the penalty u/s. 221(1) of the Income Tax Act after considering that the assessee is in default for payment of tax. We did not find any substance on the submission of the Authorised Representative. The case laws (supra) relied on by the learned Authorised Representative are distinguishable on the facts of the present case on hand. As per our considered opinion, the CIT(A) has rightly confirmed the order of the Assessing Officer for imposing penalty u/s. 221(1) of the Income Tax Act, 1961. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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