TMI Blog2011 (6) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... e Annual Information Return for the Financial years 2005-06, 2006-07, 2007-08 2008-09 as under: Financial years Due date for filing of AIR 2005-06 31-8-2006 2006-07 31-8-2007 2007-08 31-8-2008 2008-09 31-8-2009 2. Section 285BA(10 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) requires certain specified persons (filers) to file an Annual Information Return (AIR) in respect of specified financial transactions registerd or recorded by him during the financial year. The nature of the transactions and the threshold value for information to be submitted in the AIR are prescribed in the Table (Item No.6) in Rule 116E of the Income Tax Rules, 1962. The form in which the return is required to be filed is Form No. 61A. The Central Board of Direct Taxes, New Delhi had authorized M/s. National Securities Depositories Ltd. (NSDL) as the agency authorized to received AIRs on the behalf of the Commissioner of Income Tax (Central Information Branch). The filer can also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neither anybody attended nor any request for adjournment etc. was received in this office. However, the Filer was allowed another opportunity to file its written reply vide this office letter No. DIT/CIB/CHD/2009-10/4834 dated 23.02.2010 and the case was fixed for hearing on 03.03.2010. Again this final opportunity letter remained un-attended. Second show cause was issued to the Filer vide this office letter No. DIT/CIB/CHD/2010-11/992 dated 26.06.2010 fixing the case for hearing on 08.07.2010. Again on 08.07.2010 neither anybody attended nor any written communication was received in this office. 5.1. Still further final opportunity was allowed to the Filer for filing its reply vide this office letter No.DIT/CIB/CHD/2010-11/1105 dated 09.07.2010 and the case was fixed for 16.07.2010. This final opportunity too remained unattended. Still further opportunity was allowed to the Filer for furnishing its reply showing reasonable cause that constrained it to file the AIRs late. The case was fixed for 26.07.2010. on the appointed date none attended. However, on 27.07.2010 Shri Bhupinder Singh, Tehsildar-cum-Sub-Registrar, Nakodar, Distt. Jalandhar, attended and filed letter dated 27.07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IR during earlier years i.e. during the tenure of its predecessors. The penalty proceedings are not in respect of the persons specific, these are in respect of the office which the incumbent has occupied at present. In any case whatever the Filer stated in his submissions is not relevant and hence not acceptable. 7. Further, it is also important to note that the Filer i.e. the Sub-Registrar, Nakodar, has been filing AIRs late for the last five years i.e. right from financial year 2005-06 to 2008-09. Hence, these facts make the Filer a habitual defaulter without any concern/respect for the law of the land. In these circumstances it becomes imperative that suitable penalty as per law is levied on the Filer. 8. In view of these facts and circumstances the Sub-Registrar, Nakodar (the Filer) is held liable for penalty u/s 271FA of the Act, 1961 @ ₹ 100/- per day for default, which is calculated for the financial years under consideration as under: Financial year Period of default No. of days of default Amount of penalty 2005-06 1-9-2006 to 6-1-2007 128 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1997; or] [(ba) an order passed by an Assessing Officer under subsection (1) of section 115VZC; or] (c) an order passed by a Commissioner [under section 12AA [or under clause (vi) of sub-section (5) of section 80G] or] under section 263 [or under section 271] [or under section 272A] [***] or an order passed by him under section 154 amending his order under section 263] [or an order passed by a Chief Commissioner or a Director General or a Director under section 272A; [or]] [(d) an order passed by an Assessing Officer under subsection (3), of section 143 or section 147 in pursuance of the directions of the Dispute Resolution Panel or an order passed under section 154 in respect of such order.] (2) The Commissioner may, if he objects to any order passed by a [Deputy Commissioner (Appeals)] [before the 1st day of October, 1998] 1[or, as the case may be, a Commissioner (Appeals)] under [section 154 or] section 250, direct the [Assessing] Officer to appeal to the Appellate Tribunal against the order. (3) Every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicated to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s (a), (b) and (c), five hundred rupees:] Provided that no such fee shall be payable in the case of an appeal referred to in sub-section (2) or a memorandum of cross-objections referred to in sub-section (4). (7) An application for stay of demand shall be accompanied by a fee of five hundred rupees. 6.1 From the above, it is clear that no power to entertain the appeals against the order passed under section 271FA, has been provided to the Tribunal. Therefore, the appeals cannot be entertained by the Tribunal. On the other hand, the powers have been given to the CIT(A) under section 246A(1)(q), which reads as under: Sec. 246A(1)(q) : An assessee aggrieved by any of the following orders (whether made before or after the appointed day) may appeal to the Commissioner (Appeals) against: an order imposing a penalty under Chapter XXI 6.2. In view of the clear provisions of section 246A(1)(q) of the Act, an appeal against the order passed under Chapter XXI can be preferred before the CIT(A). The provisions of section 271FA falls under the Chapter XXI of the Act. Thus, in view of the clear and unambiguous provisions of the Act, these appeals cannot be admitted by us, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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