Commitment Mortality Vision Education Society v. ACIT (2019) 74 ITR 62(SN) (Delhi)(Trib.)

S. 271(1)(b) : Penalty-Failure to comply with notices–Penalty is upheld based on assessee’s conduct and failure to comply with statutory notices but deleted the penalty for five years in the interest of justice. [S.132, 142(1)]

The assessee is a trust in whose case search and seizure was conducted under S.  132 of the Act.  As the assessee failed to comply with multiple notices issued under section 142(1) of the Act from time to time and also with the final opportunity which were not replied by assessee, therefore, the AO levied penalty of RS. 60,000/-under S. 271(1)(b) of the Act for Assessment Years 2007-08 to 2013-14. The Tribunal held that considering the conduct of the assessee, the case was fit for penalty under section 271(1)(b) of the Act as the assessee had failed to comply with statutory notices issued from time to time.  Further, considering all the facts on record and in the interest of justice and also that the notices for all the assessment years were sent to assessee on the same date, the Tribunal held that penalty shall be levied for Assessment Year 2007-08 only i. e.  the first assessment year and the penalty for all the other years shall be deleted.  (AY. 2007-08 to 2013-14)