Case Number: ITA 2362/Del/2022
Appellant: Agrasar Education Pvt Ltd, New Delhi
Respondent: ITO, Ward 1(1) Faridabad, Faridabad
Assessment Year: 2017-18
Case Filed on: 2022-09-26
Order Type: Final Tribunal Order
Date of Order: 2023-05-09
Pronounced on: 2023-05-09
This appeal by Agrasar Education Pvt Ltd arises from the order of the CIT(A) confirming a penalty under Section 272A(1)(d) for the Assessment Year 2017-18. The penalty was levied due to alleged non-compliance with a statutory notice issued by the AO during the assessment proceedings.
The main issue was whether the penalty for non-compliance with a statutory notice was justified. The assessee argued that compliance was delayed due to preoccupations with tax audit returns but was eventually completed within the requested extension period. The Tribunal found that the assessee had indeed sought an adjournment and later complied by submitting the required information, thus the penalty was unjustified.
The Tribunal’s decision to waive the penalty was based on the evidence provided by the assessee showing compliance with the notice. This decision underscores the importance of maintaining detailed records of communications and compliance efforts in tax proceedings.
The appeal was allowed in favor of the assessee, highlighting the Tribunal’s acknowledgment of the valid reasons behind the delayed compliance and the subsequent fulfillment of the required conditions.
Order pronounced in the open court on: 9th May, 2023.
Agrasar Education Pvt Ltd vs. ITO, Ward 1(1) Faridabad – Appeal on Penalty Levy for AY 2017-18
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