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TMI Blog2021 (8) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 - - - Dated:- 9-8-2021 - SHRI KUL BHARAT, JUDICIAL MEMBER And SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Appellant by : Ms. Anima Barnwal, Sr.DR Respondent by : Sh.Deepak Chopra, Adv. Ms.Rashi Khanna, Adv. ORDER PER KUL BHARAT, JM : This bunch of appeals filed by the Revenue for the assessment years 2011-12 to 2015-16 is directed against the orders of Ld. CIT(A)-4, New Delhi, all dated 18.05.2018 respectively. 2. It is also taken on record that the original files in ITA Nos. 5887 to 5890/Del./2018 pertaining to Assessment Years 2012-13 to 2015-16 are not traceable. Therefore, re-constructed files have been placed on record before the Bench. Looking to the smallness of the issue, hearing of all appeals were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished its return of income for Assessment Year 2011-12. Therefore, the Assessing Officer proceeded to initiate penalty proceedings u/s 271F of the Act for not filing the return of income in terms of section 139(1) of the Act. Notice u/s 274 r.w.s 271 of the Act dated 11.10.2017 was issued and served upon the assessee company calling upon as to why penalty u/s 271F of the Act should not be imposed. In response thereto, the assessee filed its explanation however, the explanation offered by the assessee was not found acceptable. Therefore, the Assessing Officer imposed penalty of ₹ 5,000/- u/s 271F of the Act. 6. Aggrieved against this, the assessee preferred this appeal before Ld.CIT(A) who after considering the submissions, dele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es alongwith applicable interest. Thus, the company has paid advance tax of ₹ 38,66,000/- by March, 2011 and after final tax computation based on audit report, paid for short fall of taxes alongwith applicable interest for the year under consideration, though return could not be filed as the statutory time limit for filing return had elapsed. 5.2. I have carefully examined the materials available on record. I have also perused the various case laws on the issue including those on which the appellant has relied upon in support of its grounds of appeal. Tax auditors in their report has also pointed out about the appellant company's conflict with its past directors. On the other hand, nothing has been brought on record to estab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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