9911796707
TMI Blog2022 (7) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... not having taxable income. AO has not brought on record that the assessee is habitual in filing return belatedly. We find that the assessee has shown reasonable cause for not filing the return of income before due date of return. Therefore, we direct the Assessing Officer to delete the penalty levied under Section 271F - Accordingly, the grounds raised by the assessee are allowed. - ITA No. 199/SRT/2021 - - - Dated:- 12-7-2022 - Shri Pawan Singh, Judicial Member And Dr. Arjun Lal Saini, Accountant Member For the Appellant : Shri Suresh Kabra, CA For the Respondent : Shri J.K. Chandani, Sr.DR ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by the assessee is dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, the assessee filed his return of income on 25/04/2018 declaring income of Rs. 2,13,897/-. The Assessing Officer recorded that the assessee has not given any explanation/reply in respect of question raised by him during the assessment about the cash deposit in bank of Baroda. Accordingly the assessment was completed under Section 144 read with Section 147 of the Act by determining total income of Rs. 15,83,042/-. The Assessing Officer at the time of passing assessment order initiated penalty proceedings under Section 271F of the Act by taking a view that the assessee had failed to furnish return of income within due time as prescribed under the provisions of Section 139(1) of the Act. A show cause notice under Section 274 r.w.s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was under bonafide belief that he has no taxable income and is not required to file return of income. The assessee on receiving proper advice, fled original return of income on 02/10/2012 and paid tax of R. 23,183/-. The ld. AR of the assessee submits that he has already filed copy of acknowledgement of return on record which clearly shows the date of filing return of income on 02.10.2012. The assessee in response to notice under Section 148 also filed return of income. Non-filing of return of income was not intentional but due to bonafide belief that the assessee is not having any taxable income and when he realised and received advice, immediately filed return of income on 02/10/2012. The ld. AR submits that the assessee has reasonabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urn of income. The ld. AR also submitted that subsequently, the assessee under legal advice, filed return of income, though it was filed belatedly. Thus, from the submission of ld. AR of the assessee, we find that the assessee has a reasonable cause for not filing the return of income on the pretext that he is not having taxable income. The Assessing Officer has not brought on record that the assessee is habitual in filing return belatedly. Considering the totality of facts and circumstances of the case, we find that the assessee has shown reasonable cause for not filing the return of income before due date of return. Therefore, we direct the Assessing Officer to delete the penalty levied under Section 271F of the Act. Accordingly, the grou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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