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2015 (2) TMI 1034 - AT - Income TaxPenalty u/s 275(1)(c) - late filing of AIR returns - main contention of the assessee he was ignorant of law i.e. about the provisions of section 285BA of the I.T. Act - Held that:- Provisions of section 285BA of the Act was introduced by the Finance (No. 2) Act, 2004 w.e.f. 1.4.2005, it is not the case that this section has been introduced for the first time by Finance (No. 2) Act, 2004. The plea taken by the assessee for ignorance of law is not sustainable in the eyes of law, because the ignorance of law is not an excuse, as per the decision in the case of UOI & Ors. vs. Dharmendra Textile Processor [2007 (7) TMI 307 - SUPREME COURT OF INDIA], Patan Nagrik Sarkari Bank Ltd. vs. DIT (2011 (3) TMI 719 - Gujarat High Court ) and Moti Lal Padampat Sugar Mills Co. Ltd. vs. State of Uttar Pradesh & Ors. reported in (1978 (12) TMI 45 - SUPREME Court). Assessee has not established any reasonable cause for not filing the Annual Information Return (AIR) within time. Secondly, assessee has also failed to file any documentary evidence supporting the version submitted before the Revenue Authority as well before us. Assessee has also failed to establish any bonafide in not filing the AIR within time, inspite of the fact that assessee is holding a very responsible post and discharging very important duties which directly affect the exchequer of the country. Since the AIR to be filed by the assessee is very much essential for further cause of action on the same for which the assessee has failed to submit within time. Therefore, the penalty in dispute has rightly be levied by the Revenue Authorities, hence, we uphold the penalty in dispute by dismissing all the Appeals filed by the Assessee. - Decided against assessee.
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