TMI Blog2013 (12) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 44AB of the Act, the Assessing Officer imposed penalty under section 271B of the Act.- Decided against assessee. - ITA No.703/Kol./2012 - - - Dated:- 25-3-2013 - Pramod Kumar And George Mathan, JJ. For the Appellant : None For the Respondent : Dilip Kr Rakshit, Sr. DR ORDER:- Per: Pramod Kumar, AM: 1. By way of this appeal, the assessee-appellant has challenged cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e nor there was any adjournment petition. Even on earlier occasions, the assessee was unrepresented. In this view of the matter and as pointed out by ld. Departmental Representative that the issue is a covered matter, we are proceeding the case ex-parte qua the assessee and disposing the matter on the basis of arguments of ld. D.R., material on record and binding judicial precedence on the issue. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her hand, was that since the assessee was not carrying out any independent profession and the taxability of the said income received under the head profits and gains from business or profession was only due to technical requirement of section 28(v) of the Act the provisions of section 44AB are not attracted. The Assessing Officer rejected this plea of the assessee on the basis of a decision of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n further appeal before us. 4. We see no reason to take any contrary view other than the view so taken by the Coordinate Bench of this Tribunal in the case of Amal Ganguly (supra). Respect fully following the said decision, we uphold the act ion of authorities below and decline to interfere in the matter. 5. In the result, the appeal is dismissed. Order pronounced in the open Court on 25.3.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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