9911796707
TMI Blog2023 (9) TMI 793X X X X Extracts X X X X X X X X Extracts X X X X ..... of any communication/letters filed by the assessee before him at the time of assessment or giving finding about those letters in his order. Being so, the inaction of the AO on the various letters filed by the assessee which enable the assessee to believe that the time to comply with the extension of time as prayed was granted. Therefore, in the circumstances, we are of the opinion that it cannot be said that assessee is guilty of contumacious or apparent conduct to comply with the notice u/s 142(1) of the Act. Thus, it is not a fit case for levy of penalty u/s 272A(1)(d) - Decided in favour of assessee. - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER For the Appellant by : None For the Resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case and has not given decision on Grounds of appeal. 6. In view of the above facts, appellant is denied proper justice. Hence, the Hon'ble ITAT may delete the penalty and render justice to the appellant. 2. Facts of the case are that the assessment was completed u/s. 144 of the Act and while completing the assessment AO issued notice u/s 272A (1)(d) of the Act. The assessee filed appeal and reply was submitted to CIT(A) on 07.01.2021 establishing clearly the assessment is bad in law. According to the assessee he has not received any communication till date u/s 272(A)(1)(d). It was submitted before NFAC that notice was received by assessee on 19.03.2021 issued by Sri Chandan Kumar Srinivas. However, the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has filed a reply dated 21.11.2021 stating that assessee s case is pending before the First Appellate authority. The AO has not agreed with the contention of the assessee s counsel levied penalty of Rs. 10,000/- for noncompliance of notice issued u/s 142(1) of the Act dated 8.3.2018. In the mean time, the AO has issued the letter dated 23.10.2019 to the assessee, which reads as follows: The contents of the letter- dt. 23.10.2019 addressed to the assessee is as under: Notice u/s 142(1) was issued and served by E-mail, requiring you to file your income tax return for the AY-2017-18. You have failed to file R/I. In the circumstances, it is proposed to complete the assessment ex-parte (Best Judgment Assessment u/s 144 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 31.10.2019 requesting for some time to get the details and then reply. The assessee failed to make any submissions even as on today. 7. Thus the assessee failed to explain with necessary proof the source for cash deposited to the tune of Rs. 11,29,000/-. In the circumstances, there is no option other than treating the cash deposit of Rs. 11,29,000/- as unexplained money. 3.1 Thus, from the above fact it is clear that the assessee has filed a manual letter dated 31.10.2019 requesting for some time to get details and then reply. However, the AO passed the assessment order on 23.11.2019 without disposing of the assessee s letter dated 31.10.2019 either rejecting the said application or granting time. We also found that ultimately ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
