| COURT: | ITAT Delhi |
| CORAM: | R. K. Panda (AM), Suchitra Kamble (JM) |
| SECTION(S): | 131(1), 131(1A), 272A(1)(c) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | penalty for non-complaince with s. 131(1A) summons |
| COUNSEL: | Ankit Agarwal, Yogesh Thar |
| DATE: | August 30, 2018 (Date of pronouncement) |
| DATE: | September 7, 2018 (Date of publication) |
| AY: | 2011-12 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 272A(1)(c) Penalty: The argument that penalty u/s 272A(1)(c) can be levied only for non-compliance of s. 131(1) and not s. 131(IA) is not correct because s. 131(1A) has to be read with s. 131(1). On facts, the penalty is justified because the conduct of the assessee is not bona fide. There is deliberate and complete defiance to the summons issued u/s 131(1A) | |
So far as the arguments of the ld. counsel for the assessee that there was a reasonable cause on the part of the assessee in not submitting the details as called for by the ADIT (Investigation) is concerned, we find from the record that there was a deliberate defiance on the part of the assessee for non- submission of the same under the pretext that some of the details are available in the records of the Income Tax Department or some of the details are available in the Website of the Ministry of Corporate Affairs
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