TMI Blog2015 (8) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... uoted PAN therein. We further find that no material was brought before us to show that the assessee was informed by the department of her PAN and legal requirement of putting PAN at any time so that it can be inferred that the default was willful or bona fide. Keeping in view the entire facts, in our considered view, the default on the part of the assessee was because of her ignorance and not because of any mala fide intention, and therefore, we delete the penalty levied under section 272B of the Act. - Decided in favour of assessee. - IT(SS)A.No. 497/Ahd/2011, 498/Ahd/2011, 499/Ahd/2011, 500/Ahd/2011, 501/Ahd/2011 - - - Dated:- 20-2-2015 - Shri N.S. Saini And Shri Kul Bharat jj. For the Appellant : None For the Respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. The CIT(A) in the case of Smt. Halimaben Jamalbhai Momin has held as under: This is an appeal against the order by which the assessing officer has imposed upon the appellant a penalty of ₹ 10,000/- under section 272B of the I. T. Act, 1961 vide his order dated 11-11- 2010. Aggrieved by the A.O's order, the appellant is in appeal before the undersigned. In response to the notice of hearing, the appellant had filed written submissions dated 10-06-2011. 2. The facts of the case in brief are that the assessment u/s. 153C r.w.s. 144 of the Act was finalized by the assessing officer on 30- 11-2009. According to the A.O., the appellant had filed appeal before the CIT(A) who sustained the addition made by him. The appellant filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under (sub-section (4A) of Section 139; or (iv) being an employer, who is required to furnish a return of fringe benefits under section 115WD) in addition, who has not been allotted a permanent account number shall, within such time, as may be prescribed, apply to the A.O. for the allotment of permanent account number. 3. She has sold one agricultural land at village Santhal to one party vide sale deed dated 27-03-2006, In the sale deed they have mentioned that they do not have permanent account no. and therefore form No. 60 have been filed with registering authority. This endorsement is also available in the same deed. This was in accordance with the provisions of rule 114B second proviso. 4. As 132 actions have been carried on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 139A(1)and139A(5). 4.1. It is a matter of fact that during the year under consideration assessee has received an income of ₹ 1,80,000/- from sale of land. The A.O. has assessed the income of the assessee at ₹ 6,00,000/- and CIT(A) has confirmed the same at ₹ 3,96,560/-. The appeal is pending before ITAT for further adjudication. In my considered view, for the purpose of the penalty proceedings, it will be appropriate to consider the income receipt of ₹ 1,80,000/- as evidence in registered documents and not the assessed consideration, because assessed share of consideration may vary. These facts clearly indicate that the income of ₹ 1,80,000/- exceeds the maximum amount which is not chargeable to tax f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t he had reasonable cause for not complying with the notice. Further, the Tribunal was not justified in taking the view that the imposition of penalty u/s. 271(1)(b) was discretionary. The expression may in the context in which it has been used must be held to be mandatory Therefore, the Tribunal was held not justified in vacating the penalty levied under section 271(1)(b) .. Since the language used in the sections 271(1)(b) and 272B is identical, accordingly, the ratio of said case will hold good for section 272 B also. . 4.1.4. The analysis of section 139A(5) and 272B shows that in both the sections word shall has been used. In fact word shall has been used in operational as well as penalty section in series. This indicate positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of sub-section (2) of section 139A of the Act. 11. Further, as per the provisions of section 273B, penalty under section 272B is not leviable, if the alleged default was for reasonable cause. 12. We further find from the challan of Tribunal fee, attached with the appeal memo that the assessee has quoted PAN therein. 13. We further find that no material was brought before us to show that the assessee was informed by the department of her PAN and legal requirement of putting PAN at any time so that it can be inferred that the default was willful or bona fide. Keeping in view the entire facts, in our considered view, the default on the part of the assessee was because of her ignorance and not because of any mala fide intention, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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