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Mr. Pakkeeru Srikanth Versus The Income Tax Officer Ward 9 (1) , Hyderabad

Condonation of delay - Penalty under section 271(1)(c) and under section 271D - delay in filing appeal - whether it cannot be said that non-filing of the appeal is only due to misplacement of the record but it may also be due to additions agreed to by the assessee? - Held that:- The assessee’s explanations in the assessment proceedings would therefore be the basis for levy of penalty under section 271D. The assessee would, therefore required assessment records to submit its explanation during pe .....

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misplacement of file is not maintainable at least till the proceedings under section 271D got concluded. The assessee did not represent before the A.O. during the penalty proceedings under section 271(1)(c) and has filed the appeal against the same also with delay. The assessee, has therefore, not been vigilant in challenging the re-assessment proceedings as well as the penalty proceedings. The assessee’s explanation is common for all the appeals proceedings. Therefore, the CIT(A)’s order for re .....

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these appeals are by the assessee for the A.Y. 2011-2012 against the order of the Ld. CIT(A)-VII, Hyderabad dated 25th May, 2015 in dismissing assessee s appeals against the orders of the A.O. under section 143(3) read with section 147 dated 28.02.2014, penalty order under section 271(1)(c) dated 28.08.2014 and order under section 271D dated 11.07.2014 respectively by refusing to condone the delay in filing of these appeals before the Ld. CIT(A). 2. Brief facts of the case are that the assessee, .....

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s per the information furnished by the ACB are not supported by sufficient source of the assessee as reflected in the returns of income filed for A.Y. 2011-2012. Thereafter, after recording the reasons as required under section 147 of the Act, notice under section 148 was issued and served on the assessee. Assessee appeared along with his Representative and filed necessary information as called for. 3. During the course of re-assessment proceedings, A.O. noticed that the net profit percentage as .....

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bills as customers did not prefer to have them. Further, it was also explained that assessee made purchases only from the APBCL which is owned by the State Government and MRP is also fixed by it. The A.O. therefore, asked the assessee to clarify whether assessee admitted the gross profit by following the fixed MRP and if not, why the gross profit should not be estimated at, as per the MRP. In response, the assessee explained that due to heavy license fee fixed by the State Government, all the s .....

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% of the cost of the stock put to sale and proposed to adopt the same in assessee s case also. The assessee accepted the proposal and produced the working of income to be taxed. 3.1. Thereafter, the A.O. further observed that the assessee has obtained license from Prohibition & Excise Superintendent, Saroornagar, Rangareddy District for the sale of IMFL for the period from 01.07.2010 to 30.06.2012. On query, assessee furnished details of initial payment of license fee and the explanation for .....

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time prescribed under the law. The A.O. initiated penalty proceedings under section 271(1)(c) of the Act by issuing notice dated 28.02.2014 but the assessee did not appear before the A.O. during the penalty proceedings. Therefore, the A.O. concluded the proceedings exparte on 28.08.2014 and penalty of ₹ 5,81,360 was levied. Subsequent thereto, the A.O. also initiated penalty proceedings under section 271D of the I.T. Act by issuing notice dated 27.03.2014. On 23.05.2015, assessee was repre .....

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avit of Smt. K. Jyothi, O/o. Mr. Rao & Co., was filed stating that the assessment order passed under section 143(3) read with section 147 of the Act dated 28.202.104 was handed-over to the representative of the assessee, but inadvertently, the same along with the entire file was misplaced and got mingled with another of assessee s file and the same was traced out only in the last week of October, 2014. Taking support of this affidavit, assessee stated that delay in filing the appeal is neith .....

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s. 4. The Ld. Counsel for the assessee reiterated the submissions made before the Ld. CIT(A) for condonation of delay, while the Ld. D.R. supported the order of Ld. CIT(A) for rejection of the condonation of delay. 5. Having regard to the rival contentions and the material on record, we find that during the assessment proceedings, assessee appeared through his Representative and presented its version on all the issues raised by the A.O. Thereafter, after being confronted by the A.O., assessee ag .....

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f the Act. It is the contention of the Ld. Counsel for the assessee that the assessment file was not required by the assessee to file its submissions against the levy of penalty under section 271D and therefore, it cannot be presumed that assessee s contention that the file was misplaced is incorrect. He has submitted that it is noteworthy to consider that the assessee was not represented during the 271(1)(c) proceedings. It was submitted that this was due to non-availability of the assessment r .....

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inal assessment order but has decided to file appeal only on receipt of penalty order under section 271(1)(c) of the I.T. Act. This appeal also has been filed with delay. Therefore, it cannot be said that non-filing of the appeal is only due to misplacement of the record but it may also be due to additions agreed to by the assessee. However, an affidavit has been filed by the Office Assistant of the Representative of the assessee stating that the file has been misplaced and was tagged with anoth .....

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n presented in the court beyond limitation, the applicant has to explain the court as to what was the sufficient cause which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bonafide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condonin .....

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view of above, no interference is required with impugned judgment and order of the High Court. The appeals lack merit and are, accordingly, dismissed. 7. Thus, the assessee has claimed that the delay is due to misplacement of his file. Because the assessee appeared before the A.O. and filed detailed representation during 271D proceedings, CIT(A) disbelieved this contention while it is the contention of the assessee that for filing of submission in 271D proceedings, the assessment records was no .....

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