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2019 (12) TMI 611 - AT - Income TaxPenalty u/s 272A(2)(c) - non-compliance of notice u/s 133(6) - failure on Assessee's part to furnish certain details as were sought by the A.O vide his notice issued under Sec.133(6) - HELD THAT:- As is discernible from the order passed by the Jt. CIT, Mumbai, u/s 272A(2)(c), dated 30.12.2014, we find that the assessee in reply to the notice u/s 133(6), dated 19.12.2013, had declined the ownership of any bank account with HSBC, Geneva, and thus for the said specific reason had refused to sign the consent waiver form. Accordingly, the non- signing of the consent waiver form by the assessee was specifically backed by a reason given by the assessee, which in our considered view cannot be construed as a non-compliance of the notice issued under Sec.133(6) - In fact, there is nothing discernible from the records which could persuade us to conclude that any specific information/details as were called for by the A.O by his notice issued under Sec. 133(6), had not been furnished by the assessee. Be that as it may, we find that involving identical facts penalty u/s 272A(2)(c) was also imposed in the case of the father of the assessee viz. Shri Kanaiyalal B. Shah, which however was thereafter vacated by a coordinate bench of the Tribunal We are unable to persuade ourselves to subscribe to the imposition/sustaining of the penalty under Sec. 272A(2)(c) by the lower authorities. In the backdrop of our aforesaid observations, we are of the considered view that the penalty imposed by the Jt. CIT under Sec. 272A(2)(c) is not justified - Decided in favour of assessee.
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