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TMI Blog2023 (7) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... suance of notice and framing of assessments in electronic mode by the department, considering the totality of facts and circumstances of the case, the reasons adduced by the assessee expressing his inability to attend to the notices, constitute reasonable cause within the meaning of section 273B. Assessee has also been consistent with the stand taken before the ld. CIT(A) and this tribunal in adducing the reasons for not responding to the statutory notices. Reasons for non-compliance to the notices was not deliberate on the part of the assessee. Assessee was prevented from sufficient cause and hence would be entitled for immunity provided u/s 273B of the Act in the peculiar facts and circumstances of the instant case. Hence we direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was declared invalid by CPC Bangalore. The case of the assessee was selected for limited scrutiny to verify the cash deposits made by the assessee during the year in his HDFC and IDBI bank account during demonetization period. The ld. AO observed that as per the information , the assessee had deposited cash of Rs 1,72,94,750/- in IDBI Bank and Rs 81,34,607/- in HDFC Bank. Several notices were issued to the assessee seeking various information by the ld. AO, which stood completely uncomplied. Hence the ld. AO was forced to complete the assessment u/s 144 of the Act on 31.12.2019 by making an addition of Rs 20,34,349/- being 8% of total cash deposits made during the year. For non-compliance to the notice issued to the assessee, the ld. AO l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the Act ; penalty order passed u/s 270A of the Act for misreporting of income and penalty order passed u/s 272A(1)(d) of the Act. It was submitted that the assessee had totally depended on the advocate who had promised to take care of his income tax affairs and the said person had not advised the assessee properly due to his careless behavior by ignoring the statutory notices. Since the email ID of advocate was mentioned in the return, the statutory notices had been sent only to the advocate and not to the assessee. Hence it was pointed out that it was not a case of willful default by the assessee. 5. In view of continuous non-absence by the assessee even in the penalty proceedings, the ld. CIT(A) confirmed the levy of penalty u/s 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e within the meaning of section 273B of the Act. The assessee has also been consistent with the stand taken before the ld. CIT(A) and this tribunal in adducing the reasons for not responding to the statutory notices. We find that the reasons for non-compliance to the notices was not deliberate on the part of the assessee. This view of ours is also fortified by the decision of co-ordinate bench of Mumbai Tribunal in the case of Triumph International Finance India Ltd vs DCIT in ITA No. 1870/Mum/2020 dated 10.03.2022 for A.Y. 2017-18. In view of the above, we find that the assessee was prevented from sufficient cause and hence would be entitled for immunity provided u/s 273B of the Act in the peculiar facts and circumstances of the instant ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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