RAMDAS DHANAJI DHANKUDE, PUNE V. ACIT, CENTRAL CIRCLE 2(4), PUNE, PUNE

ITA 449/PUN/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0186 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-10-2022
• Assessment Year: misc
• Appeal Filed On: 28-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER Sl. No. ITA No(s). Name of the Applicant Name of Respondent Asst. Year Penalty 1-5 449/PUN/2021 451/PUN/2021 453/PUN/2021 454/PUN/2021 455/PUN/2021 Ramdas Dhanaji Dhankude, 370/4, Seema Park, Banergaon, Pune 411045 Maharashtra PAN : AHWPD3801H ACIT, Central Circle-2(4), Pune 2012-13 2013-14 2014-15 2015-16 2016-17 271(1)(b) 271(1)(b) 271(1)(b) 271(1)(b) 271(1)(b) 6-9 450/PUN/2021 452/PUN/2021 456/PUN/2021 457/PUN/2021 Ramdas Dhanaji Dhankude, 370/4, Seema Park, Banergaon, Pune 411045 Maharashtra PAN : AHWPD3801H ACIT, Central Circle-2(4), Pune 2012-13 2013-14 2016-17 2017-18 271F 271F 271F 271F आदेश / ORDER PER R.S. SYAL, VP : This batch of nine appeals has five appeals against the confirmation of penalty u/s.271(1)(b) in relation to the A.Yrs. 2012-13 to 2016-17; and four appeals against the confirmation of penalty u/s.271F for the A.Yrs. 2012-13, 2013-14, 2016-17 & 2017-18. For sake of convenience, we have clubbed all the appeals for disposal by a consolidated order. Assessee by Shri Deepak Sasar Revenue by Shri M.G. Jasnani Date of hearing 19-10-2022 Date of pronouncement 19-10-2022 Ramdas Dhanaji Dhankude 2 2. The appeals against the order imposing penalty u/s.271(1)(b) revolve around the facts that a search and seizure action u/s.132 of the Act was carried out in the case of one Sh Baburao D Chandere and others on 19-12-2017. Residence of the assessee was also covered within this search. A common notice u/s.142(1) was issued for all the years along with a detailed questionnaire requiring the assessee to submit the necessary details by 01-02-2021. The assessee filed a letter dated 09-02-2021 submitting that the information, documents and data required for the submissions were under compilation and due to Covid-19 pandemic, office of the assessee was not functioning at full capacity. The AO imposed penalty of Rs.10,000/- u/s.271(1)(b) for failure to comply with the notice issued u/s.142(1) for each of the year under consideration. Such penalty was affirmed in the first appeal, against which the assessee has approached the Tribunal. 3. Having heard the rival submissions and gone through the relevant material on record, it is seen as an admitted position that the assessee did not comply with the notices issued u/s.142(1) of the Act. However, the reason for such non-compliance, as put forth before the AO, was the prevalence of Covid-19 pandemic Ramdas Dhanaji Dhankude 3 and the resultant disturbance due to non-working of the assessee’s office at full capacity. Section 271(1)(b) is subject to section 273B. The latter section provides that penalty under various sections, including section 271(1)(b), may be deleted where a ‘reasonable cause’ is established for failure to comply. Adverting to the facts of the extant case, we find that the assessee had a ‘reasonable cause’ of the prevalence of covid-19 pandemic for not complying with the requirements of the AO called for by means of notice u/s.142(1) of the Act. We, therefore, order to delete the penalty imposed for all the years under consideration. 4. The appeals against the penalty u/s.271F are time barred by 01 day each. The ld. AR submitted that the delay period pertains to Covid-19 pandemic and hence, covered by the judgment of Hon’ble Supreme Court in Cognizance for Extension of Limitation, In re 438 ITR 296 (SC) read with judgment in Cognizance for Extension of Limitation, In re 432 ITR 206 (SC) dated 08-03-2021 and 421 ITR 314 where the Hon’ble Apex Court took a suo motu cognizance of the situation arising out of the challenges faced by the country on account of COVID-19 Virus and resultant difficulties that could be faced by the litigants across the country and accordingly extended the time limit for Ramdas Dhanaji Dhankude 4 filing of the appeals. We, therefore, condone the delay in filing the instant appeals and admit them for disposal on merits. 5. The AO imposed penalty u/s.271F of the Act on the ground that the assessee did not furnish his return for the relevant years pursuant to notice u/s.153C. Penalty of Rs.5,000/- was imposed for each of the year under consideration. The ld. CIT(A) affirmed the penalty by observing that the assessee did not furnish any return till the passing of the impugned order. On the contrary, the ld. AR has brought to our notice, with relevant evidence, that all the returns were filed on 09-02-2021 as against the impugned order dated 30-07-2021. The assessee submitted similar reason for non-compliance, being, the prevalence of Covid-19 pandemic making it hard to file the returns in time. Following the view taken hereinabove accepting the reasonableness of the cause, we delete the instant penalties for the years under consideration. 6. In the result, all the appeals are allowed. Order pronounced in the Open Court on 19 th day of October, 2022. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 19 th October, 2022 सतीश Ramdas Dhanaji Dhankude 5 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. The CIT(A)-12, Pune 4. 5. The Pr. CIT, Central, Pune DR, ITAT, ‘B’ Bench, Pune 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 19-10-2022 Sr.PS 2. Draft placed before author 19-10-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *