2022 (10) TMI 149

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..... 22 of Rs.10,000/- for each of the assessment year. The solitary ground is against the confirmation of the penalty. 02. The brief facts of the case shows that search and seizure action under Section 132 of the Income-tax Act, 1961 (the Act) was carried out on Shilpi and Shine line group on 4th October, 2018, along with the residential premises of the assessee. Therefore, the assessment proceedings for six assessment years i.e. from A.Y. 2013-14 to A.Y. 2018-19 were in progress. The learned Assessing Officer issued notice under Section 142(1) of the Act to the assessee through ITBA on 19 February 2020 for furnishing the details and requesting compliance on or before 5 March 2020. The assessee did not file any adjournment nor furnish any deta .....

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..... e Act, the income tax return and the details of the bank account along with other details were asked, which were submitted along with other details during the course of assessment proceedings. The learned CIT (A) rejected the contention of the assessee and held that assessee failed to bring on record any reasonable cause and accordingly, he dismissed the appeal of the assessee. Such is the fate of all these six appeals. Therefore, assessee is aggrieved with the order of the learned CIT (A) of all six years and has preferred the appeal before us. 05. The learned Authorized Representative appearing before us submitted the detailed paper book for all the six years. She further relied on several judicial precedents to submit that there is a re .....

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..... urther, in paragraph no. 2 and 3 of the assessment order, the learned Assessing Officer himself mentioned that notice under Section 142(1) of the Act was issued to the assessee along with notice under Section 143(2) of the Act on 19th February, 2020, In compliance to the same, the learned Authorized Representative of the assessee filed submissions. The same is considered and kept on record. Despite this categorical finding in the assessment order itself and mentioning in the body of the order date of hearing as 5th March, 2020, The learned Assessing Officer held that assessee has failed to comply with notice under Section 142(2) of the Act, therefore, there was a contradictory finding in the order passed under Section 153A of the Act and th .....

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