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2016 (11) TMI 1145 - AT - Income TaxLevy of penalty u/s 221(1) - failure to pay due taxed before filing of the return - Held that:- In the case on hand, is that the assessee did not pay due taxed before filing of the return of income for A.Y. 2012-13; wherein the tax liability to be paid under section 140A(3) of the Act was determined by the assessee himself at ₹ 2,44,943/-. In the light of the submissions of the assessee put forth before the authorities below and the facts on record, we concur with the view of the learned CIT(A) that the assessee has failed to establish with any material evidence that it was due to circumstances beyond his control and due to financial crunch that he was prevented from paying the determined/admitted tax liability of ₹ 2,44,943/-. We also find that, as observed by the learned CIT(A), the AO had levied the said penalty only after issue of show cause notice, affording the assessee opportunity of being heard in the matter; which is in accordance with the procedure laid down in the Act. In our view, on an appreciation of the orders of the authorities below, we find that the assessee, except for putting forth claims, has failed to discharge the onus upon him to prove the existence of good and sufficient reasons that prevented him from paying the said taxes - levy of penalty confirmed.
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