Rajnish Maneklal Bhandari, Pune V. Assistant Commissioner of Income-Tax, Central Circle 2(4), Pune

ITA 362/PUN/2022

AI Insights

The case involves an appeal by Shri Rajnish Maneklal Bhandari against a penalty imposed by the lower tax authorities for alleged non-compliance with a scrutiny notice under section 142(1) of the Income Tax Act, 1961, during the assessment year 2016-2017. The penalty of Rs.10,000 was contested on the grounds that the assessee had indeed complied by submitting necessary documents and explanations online, even amidst the COVID-19 pandemic. The Tribunal, after reviewing the submissions and the circumstances under which they were made, decided in favor of the assessee, highlighting the importance of considering the context of the pandemic in compliance matters.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137357 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2023
• Appeal Filed By: Assessee
• Order Result: AllowedAllowed
• Bench Allotted: B
• Next Hearing Date: 19-12-2022
• Assessment Year: 2017-2018
• Appeal Filed On: 16-05-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA.No.362/PUN./2022 Assessment Year 2017-2018 Shri Rajnish Maneklal Bhandari, 1182, 1 st Floor, Above HDFC Bank, FC Road, Shivajinagar, Pune-411 005. Maharashtra. PAN AARPB7222Q vs. The ACIT, Central Circle 2(4), 6 th Floor, Aaykar Sadan, Bodhi Towers, Gultekdi, Pune – 411 037 (Appellant) (Respondent) For Assessee : Shri V.L. Jain For Revenue : Shri M.G. Jasnani Date of Hearing : 20.12.2022 Date of Pronouncement : 05.01.2023 ORDER PER SATBEER SINGH GODARA, J.M. This assessee’s appeal for assessment year 2016- 2017, arises against the CIT(A), Pune-12, Pune's order dated 29.04.2022, in Din & Order No.ITBA/APL/S/250/ 2022- 23/104291295(1), involving proceedings under section 272A(1)(d) of the Income Tax Act, 1961 (in short “the Act”). 2. Heard both the parties. Case file perused. 3. It emerges during the course of hearing that both the lower authorities have imposed sec.272A(1)(d) penalty of Rs.10,000/- thereby holding the assessee to have failed to 2 ITA.No.362/PUN./2022 Shri Rajnish Maneklal Bhandari, Pune. comply sec.142(1) notice dated 05.09.2019 issued during the course of scrutiny. 4. We make it clear that the assessee has placed on record the Assessing Officer’s sec.143(3) assessment framed on 27.12.2019 accepting the returned income itself. This is indeed coupled with the fact that the assessee had duly filed its written submissions online on 30.11.2019 and 06.12.2019, and that too, after the outbreak of covid-19 pandemic. Faced with the situation, we hardly see any reason to confirm the impugned penalty imposed at Rs.10,000/- u/s.272A(1)(d) of the Act. The same is directed to be deleted. 5. This assessee’s appeal is allowed in above terms. Order pronounced in the open Court on 05.01.2023. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 05 th January, 2023 VBP/- 3 ITA.No.362/PUN./2022 Shri Rajnish Maneklal Bhandari, Pune. Copy to 1. The appellant 2. The respondent 3. The Ld. CIT(A) concerned. 4. The CIT concerned 5. D.R. ITAT, Pune “B” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches Pune.