The Appellate Tribunal considered a case involving the levy of ...

Assessee's appeal allowed as penalty u/s 272A(1)(d) deleted due to valid reasons. Change to digital assessment justified.

Case Laws     Income Tax

June 21, 2024

The Appellate Tribunal considered a case involving the levy of penalty u/s 272A(1)(d) for non-compliance with a notice u/s 142(1) due to the Accountant's Covid-19 illness. The unproved sundry creditors were brought to tax u/s 69A r.w.s. 115BBE(1). The Tribunal held that the assessee responded to the final show cause notice during faceless assessment proceedings, explaining the delay due to the Accountant's illness. The new Accountant collected information and submitted it to the assessing officer. The Tribunal found reasonable cause for non-compliance with statutory notices u/s 142(1) and deemed the subsequent penalty unjustified. Considering the transition to digital assessment proceedings, the delay in compliance was deemed bona fide. Therefore, the penalty u/s 272A(1)(d) was deleted, and the assessee's appeal was allowed.

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