M/s. Kale Agri Tech , Shivamogga V. The Income Tax Officer, Ward-1 & TPS, Shivamogga

ITA 255/BANG/2023

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Kale Agri Tech, located in Shivamogga, Karnataka, appealed against the order of the National Faceless Appeal Centre (NFAC) which confirmed a penalty of Rs. 1,50,000 under section 271B of the Income-tax Act, 1961 for the assessment year 2017-18. The penalty was initially levied due to the assessee's failure to comply with the provisions requiring the maintenance of books of account and the submission of audit reports. The assessee did not represent its case before the NFAC, leading to the confirmation of the penalty. During the tribunal proceedings, the assessee's representative requested another opportunity to present the case, citing unfamiliarity with the ITBA portal. The tribunal granted this request and remitted the matter back to NFAC/CIT(A) for a fresh hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129324 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 14-06-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 29-03-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYADARSHINI BESAGANNI
• Assessee Lawyers: GOWRISH BHARGAV K.V.
• Section: 271B

Judgement Text

ITA No.255/Bang/2023 Kale Agri Tech, Shivamogga IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No.255/Bang/2023 Assessment Year: 2017-18 Kale Agri Tech L4, Sagar Road Industrial Estate Shivamogga 577 204 Karnataka India PAN NO : AAOFK3451D Vs. ITO, NFAC Delhi APPELLANT RESPONDENT Appellant by : Shri Gowrish Bhargav K.V., A.R. Respondent by : Smt. Priyadarshini Besaganni, D.R. Date of Hearing : 15.06.2023 Date of Pronouncement : 15.06.2023 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of NFAC for the assessment year 2017-18 dated 31.1.2023. The assessee is challenging herein levy of penalty u/s 271B of the Income-tax Act,1961 ['the Act' for short]. 2. The assessee challenged the levy of penalty u/s 271B of the Act before the NFAC. Before the NFAC, assessee has not represented its case. Hence, NFAC confirmed the levy of penalty u/s 271B of the Act at Rs.1,50,000/-. The ld. A.R. submitted that assessee was not ITA No.255/Bang/2023 Kale Agri Tech, Shivamogga Page 2 of 2 well aware of the ITBA portal and sought one more opportunity to present the case before NFAC. We accede to the request of the ld. A.R. Accordingly, the issue in dispute is remitted to the file of NFAC/CIT(A) for giving an opportunity to the assessee to present his case. 2. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 15 th June, 2023 Sd/- (Beena Pillai) Judicial Member Sd/- (Chandra Poojari) Accountant Member Bangalore, Dated 15 th June, 2023. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(Judicial) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore.