TMI Blog2023 (6) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee was on a bonafide belief that income of a partnership firm is exempted from tax, is an unacceptable contention that cannot be relied upon by a person like the assessee who is himself in the Advocacy of law. As well aware of the Latin maxim Ignorantia juris non excusat which means ignorance of law is no excuse , holds applicable not only to a common man but also to a person who has to hold the integrity of the law of land. The assessee is in a higher footing than any other person to be aware of the provisions of the statute nevertheless to mention that he has to abide by the said law. No reason stated by the assessee for the failure in filing the ITR is not a reasonable cause nor is it sufficient to delete the impugned penal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order u/s. 143(3) r.w.s. 147 of the Act dated 20.12.2019, determining the total income at Rs.5,23,890/-. The A.O. also initiated the penalty proceeding u/s. 271F of the Act for having failed to comply with the provision of section 139(1)/139(4) of the Act and vide order dated 11.11.2021, levied a penalty of Rs.5,000/- on the ground that the assessee has not substantiated his failure to file his return with reasonable cause. 3. The assessee was in appeal before the ld. CIT(A) challenging the impugned penalty levied by the A.O. 4. The ld. CIT(A) confirmed the penalty imposed by the A.O. u/s. 271F of the Act for the reason that the assessee has failed to explain the reasonable cause for non filing of the returns inspite of having earned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er stated that the assessee has not substantiated his failure in non filing of the returns by any reasonable cause as per the provisions of the law. The ld. DR relied on the order of the lower authorities. 8. We have heard the rival submissions and perused the materials available on record. It is observed that the assessee is an Advocate by profession and is also a partner in a law firm. It is observed from the assessee s submission that since the assessee was litigating for Arpan Licensing Company Ltd. in which the assessee was earlier one of the Director which was in a financial crisis, the assessee was unable to file his returns on time and also for the reason that his Accountant left employment was said to be the reason for non failu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which means ignorance of law is no excuse , holds applicable not only to a common man but also to a person who has to hold the integrity of the law of land. The assessee is in a higher footing than any other person to be aware of the provisions of the statute nevertheless to mention that he has to abide by the said law. 9. From the above observation, we are of the considered view that the reason stated by the assessee for the failure in filing the ITR is not a reasonable cause nor is it sufficient to delete the impugned penalty levied by the A.O. and confirmed by the ld. CIT(A). Though the provision of section 273B of the Act enumerates that the penalty shall not be imposed in certain cases which covers section 271F of the Act when ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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