9911796707
TMI Blog2024 (3) TMI 521X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee filed its return of income declaring total income of Rs. 2,67,480/- which was selected for scrutiny and thereafter in response to various notices issued by ITO Ward 7(3), Ludhiana, the assessee has made the necessary compliances and thereafter, the assessment was completed under section 143(3) vide order dated 27/12/2019 at the assessed income of Rs. 34,67,480/- 3. It was further submitted that the NFAC, Delhi thereafter issued notice under section 272A(1)(d) r.w.s 274 dt. 27/12/2019 as to why the penalty should not be imposed for non compliance to the notice(s) issued during the course of assessment proceedings. It was submitted that in the said penalty notice, there is no mention as to which specific notice issued by the AO during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22-12-2019 Reply by 11.00 AM See Annex-IV Less Than 2 Days Time Allowed by ITO 7(3) Sh. Puran Chand Arora 7(3) Ludhiana 6 22-12-2019 Sunday 1.47 PM 22-12-2019 Reply by 4.00 PM time given to Reply ( 2 Hours & 13 minutes) See Annex-V For dated 22/12/19 The Ld. AO Issued 3 Notice in a single day Moreover On That Day It was Sunday Holiday Day 5. It was submitted that from the perusal of the notices, it may also be noted that the assessee was granted less than two days to respond to various notices which is clear violation of the principle of natural justice and in this regard reference was drawn to the various decisions wherein Courts have held that the tax authorities should provide reasonable time to the assessee to respond and furni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do so and the same is a matter of discretion which has to be exercised judicially and on consideration of all the relevant circumstances of the case. It was accordingly submitted that in the instant case, given that the assessee has substantially complied to the various notices issued by the AO from time to time notwithstanding the fact that the assessee was not granted sufficient time to respond of the said notices, the penalty so levied and confirmed by the Ld. CIT(A) be directed to be deleted. 8. Per contra, the Ld. DR submitted that during the course of assessment proceedings, the AO had issued notices under section 142(1) on 02/08/2019, 10/10/2019, 04/11/2019, 03/12/2019, 20/12/2019 and 22/12/2019 asking the assessee to furnish re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the order and findings of the ld CIT(A). 11. We have heard the rival contentions and perused the material available on the record. Firstly, it is noted that the assessee has infact responded to the notices dt. 02/08/2019, 10/10/2019, 04/11/2019, 20/12/2019 by furnishing the necessary information/documentation during the course of assessment proceedings and supporting evidences are placed on record and therefore there cannot be any basis for levy of penalty as far as non compliance to the said notices are concerned as the same is clearly not borne out of records. In terms of notices issued on 22/12/2019, we find that there were infact three notices which were issued on the same date whereby the assessee was asked to comply within a perio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
