BRANCH MANAGER, AJMER CENTRAL CO-OPERATIVE BANK LTD., Kishangarh V. JDIT (I & CI), Jaipur

ITA 890/JPR/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4863 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 05-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: POONAM RAI DHK
• Keywords: Reasonable cause; Non compliance
• Section: 133(6)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPAN] YS[KK LNL; ] DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 890/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2014-15 BRANCH MANAGER, M/S AJMER CENTRAL CO-OPERATIVE BANK LTD., NEAR ROADWAYS BUS STAND, KISHANGARH. CUKE VS. JDIT (I&CI), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAAAA 0330 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE. JKTLO DH VKSJ LS@ REVENUE BY : SMT. POONAM RAI. LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16/12/2016 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 20/12/2016 VKNS'K@ ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 26/07/2016 PASSED BY THE LD CIT(A), AJMER CONFIRMIN G OF PENALTY U/S 272A(2)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). THE ASSESSEE HAS RAISED ONLY ONE GROUND OF THE APPEAL AGAINST NO T DELETING THE PENALTY IMPOSED U/S 272A(2)(C) OF THE ACT. ITA 890/JP/2016_ BRANCH MANAGER, ACCBL VS. JDIT 2 2. BRIEFLY STATED FACTS OF THE CASE ARE THAT THE IT O (INTELLIGENCE), JAIPUR-1 CALLED INFORMATION U/S 133(6) OF THE ACT V IDE LETTER DATED 25/7/2013 RELATING TO AGGREGATE CASH DEPOSIT EXCEED ING RS. 2.00 LACS BY DEPOSITORS AND PAYMENT OF INTEREST EXCEEDING RS. 10 ,000/- TO ITS MEMBERS FOR LAST THREE YEARS I.E. 2010-11, 2011-12 AND 2012-13 IN A FORMAT PRESCRIBED BY HIM BOTH IN HARD AND SOFT COPY . THE ASSESSEE COULD NOT PROVIDE REQUISITE INFORMATION TILL THE DATE OF IMPOSITION OF PENALTY U/S 272A(2)(C) OF THE ACT BY THE JDIT (INTELLIGENCE & C RIMINAL INVESTIGATION) ON 22/7/2014. 3. BEING AGGRIEVED BY THE ORDER OF THE JDIT (I&CI), THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. CIT(A), WHO AFTER C ONSIDERING THE SUBMISSIONS, HAS CONFIRMED THE LEVY OF PENALTY BY H OLDING AS UNDER:- I HAVE GONE THROUGH THE PENALTY ORDER, GROUNDS OF APPEAL AND WRITTEN SUBMISSION CAREFULLY. IT IS SEEN THAT THE RECORDS OF THE APPELLANT OF COOPERATIVE BANK WERE KE PT IN MANUAL FORMAT. THE STAFF AVAILABLE WITH THE BRANCH WAS ALSO VERY LIMITED AND OVERBURDENED. THE INFORMATION WAS CALLED FOR FIRST TIME. ACCORDING TO THE APPELLANT, IN VIEW OF THESE FACTS, THE APPELLANT COULD NOT FURNISH THE INFORMATION REQUISITIONED BY THE ITO, INTELLIGENCE- 1, JAIPUR U/S 133(6) VIDE HIS LETTER DATED 25.07.2013 IN EXCE L FORMAT IN SOFT COPY. THE APPELLANT HAD REQUESTED FOR ALLOWING IT THE TIME TO FURNISH THE INFORMATION ITA 890/JP/2016_ BRANCH MANAGER, ACCBL VS. JDIT 3 REQUISITIONED IN CD (SOFT COPY). THE INFORMATION REQUISITIONED BY THE AO WAS NOT FURNISHED BY THE APPELLANT EVEN TILL THE DATE OF PASSING THE ORDER D ATED 22.07.2014, LEVYING THE PENALTY OF RS. 34,900/- U/S 272A(2)(C). THUS, IT IS A CASE OF NON COMPLIANCE OF THE NOTICE ISSUED U/S 133(6) AND NOT A CASE OF DELAYED COMPLIANCE. THE REASONS GIVEN BY THE APPELLANT FOR T HE NON COMPLIANCE, IN MY OPINION COULD BE A REASONABLE CAUSE FOR THE DELAYED COMPLIANCE BUT NOT FOR THE NO N COMPLIANCE. HENCE, TAKING INTO ACCOUNT ALL THE FACT S OF THE CASE, I AM OF THE CONSIDERED VIEW THAT PENALTY CAN B E LEVIED U/S 272A(2)(C) FOR THE FAILURE TO FURNISH TH E INFORMATION REQUISITIONED U/S 133(6) TILL THE DATE OF PASSING THE ORDER US 272A(2C), AS THE APPELLANT DID NOT HAVE ANY REASONABLE CAUSE FOR THE NON COMPLIANCE OF THE NOTICE ISSUED U/S 133(6) BY THE AO. HENCE, THE PENA LTY LEVIED BY THE AO IS HEREBY CONFIRMED. 4. NOW THE ASSESSEE IS IN APPEAL BEFORE ME. NONE AT TENDED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING. LD. DR WAS HEARD AND SHE SUPPORTED THE ORDER OF THE LOWER AUTHORITIES. 5. I HAVE HEARD THE LD. DR AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. AT THE TIME OF HEARING, NO ONE ATTENDED ON BEHALF OF THE ASSESSEE. AFTER CONSIDERING THE CONTENTION OF THE L D. DR AND MATERIAL AVAILABLE ON RECORD, I HOLD THAT THERE IS NO MATERI AL AVAILABLE ON RECORD, ITA 890/JP/2016_ BRANCH MANAGER, ACCBL VS. JDIT 4 WHICH COULD EXPLAIN THE NON COMPLIANCE TO THE NOTICE U/S 163(6) OF THE ACT ON THE PART OF THE ASSESSEE, THEREFORE, I FIND NO REASON TO INTERVENE IN THE ORDER PASSED BY THE JDIT (INTELLIGENCE & CRIM INAL INVESTIGATION) IN LEVYING THE PENALTY AS WELL AS THE ORDER PASSED BY T HE LD. CIT(A) IN SUSTAINING THE PENALTY. THEREFORE, I CONFIRM THE ORD ER OF THE LD. CIT(A). 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 20/12/2016. SD/- HKKXPAN (BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 20 TH DECEMBER, 2016 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- BRANCH MANAGER, M/S AJMER CENTRAL CO- OPERATIVE BANK LTD., KISHANGARH. 2. IZR;FKHZ @ THE RESPONDENT- THE JDIT (I&CI), JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 890/JP/2016) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR