9911796707
TMI Blog2023 (7) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the reason stated by the Sub Registrar cannot be treated as sufficient reason for the inordinate delay in filing the returns. It is further contended that no appeal lies to the Tribunal from an order under Section 271FA. The contentions raised by the petitioner that the issue of reasonable cause under Section 273B of the Act has not been considered by the respondents cannot be accepted. The respondents had specifically considered the contention raised by the petitioner and had held that the reasons stated by the petitioner do not constitute a reasonable cause to excuse their delay of 525 days in submitting the returns. It is also clear that though the provision permits the imposition of Rs.500/- per day as penalty only Rs.100/- pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial transactions. Under sub section 2 of Section 285BA, the information is to be furnished after the end of the financial year in a CD-ROM or any computer readable media. 4. It is submitted that the petitioner assumed charge as Sub Registrar at Vadanappally on 12.7.2011. The due date for furnishing of the report (AIR) for the year 2010-11 was 31.8.2011 for the year ending 31.3.2011. The petitioner was under the bona fide impression that the information would have already been submitted by his predecessor. On receipt of a show cause notice to appear on 11.1.2013, the petitioner made enquires and he took up the matter with M/s Karvy Data Management Services Ltd., an approved agency with whom the Government departments entrust the work of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imposing penalty under Section 271FA is illegal and untenable. It is further submitted that the appeal preferred by the petitioner has also been disposed of without a proper consideration. It is contended by the learned counsel for the petitioner that the petitioner had submitted the appeal before the Tribunal as specifically stated in the order and that the refusal on the part of the Tribunal to consider the appeal was, therefore, unjustified. 7. A statement has been placed on record by the respondents stating that ignorance of law is not an excuse and that though it is an admitted fact that the petitioner was the Sub Registrar who took charge on 12.7.2011, no reason whatsoever has been shown for not filing the Annual Information Return ..... X X X X Extracts X X X X X X X X Extracts X X X X
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