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TMI Blog2016 (5) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that since the said notice was received only on 17.10.2013, the assessee could not attend the hearing, but however enclosed details of purchases for A.Y. 2006-07 and submitted that the balance details are under preparation and would be filed in due course. The AO then by a further letter dated 10.12.2012 addressed to the assessee observed that even though a month had passed the compliance with to the notice under section 142(1) dated 11.10.2013 is not complete and sought complete compliance thereto by 13.12.2012. 2.2 The AO then issued a notice under section 274 r.w.s. 271(1)(b) of the Act dated 16.12.2013 calling upon the assessee to show cause on or before 18.12.2013 as to why penalty under section 271(1)(b) of the Act should not be levied on it for non-compliance to the notice issued under section 142(1) of the Act on 11.10.2013. In response thereto, the assessee furnished its reply dated 17.12.2013, inter alia, submitting that there were 12 assessees in the 'Unity Group' who were subjected to search assessments for seven years and therefore in total 84 search assessments were underway (viz. Notices to the other 11 assessee's were issued on 14.10.2013 calling for details b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the possession of the AO, the learned CIT(A) stated that it is the AO who passes the assessment order and not the Investigating Wing of the Department and therefore the assessee ought to have submitted details pertaining to the explanation to seized material. (v) It is not the assessee who decides what information should be given first and what information can wait. Rather, it is the jurisdiction of the AO to prioritize such information." 4.1 Aggrieved by the impugned orders of the CIT(A)-38, Mumbai dated 30.06.2014 for assessment years 2006-07 to 2012-2013, the assessee has raised the following common grounds of appeal for all the concerned seven assessment years: - "Ground No. 1 On the facts and in the circumstances of the case and in law the Hon'ble CIT(A) erred in confirming the penalty levied by the Assessing Officer u/s. 271(1)(b) of the Income Tax Act, 1961 amounting to Rs. 10,000/-. The appellant prays that the same be deleted." 4.2.1 The learned A.R. for the assessee was heard in support of the grounds raised. It was submitted that search under section 132 of the Act was conducted on the premises of the Unity group and subsequent thereto notices under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e details not being filed. It is submitted that in the case on hand, all details and explanations called for were completely filed for all the assessees of the group subsequently in the course of assessment proceedings that culminated in the finalization of the orders of assessment under section 143(3) of the Act and not exparte. 4.2.3 According to the learned A.R. for the assessee, the assessee had submitted many details to the AO before the issue of show cause notice under section 274 r.w.s. 271(1)(b) of the Act on 16.12.2013. In this regard, the learned A.R. for the assessee drew the attention of the Bench to the reply dated 17.12.2013 filed by the assessee in response to the aforesaid show cause notice (placed at pages 10 to 18 of the assessee's paper book) which enclosed the list of various details filed from time to time before the AO between 18.10.2013; when the notice under section 142(1) of the Act was issued upto 16.12.2013; after which the show cause notice was issued. It is submitted that the assessee submitted major purchase details for the period relevant to assessment years 2006-07 to 2012-13 in order to enable smooth functioning of assessment proceedings, as it wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - 13 along with all supporting documents including assessment orders, appellate orders, copies of returns, audit report, balance sheet, P&L a/c, computation of income etc. 3. Please provide details of earlier search assessments. 4. Please specify whether any claim u/s. 80IA/IB is made in return this time & in earlier search assessment proceedings. 5. Please submit challans for the payment of taxes in following manner for A.Y. 2006-07 TO 2012-13: Disclosure made Description of issue Date & amount of payment of taxes wrt disclosure made Manner of earning income earned on which disclosure is made Date of notice issued u/s. 153A Date of return filed 6. Explain in details the business undertaken by the company during A.Y. 2006-07 TO 2012-13, including the details of project in following format. On going projects New projects undertaken Projects in pipeline Name of the project Description Address of site Client name Date of start Date of completion Current Status Contract Value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16. In case of Sundry Debtors which are in the nature of regular business, the details in the format as below, during the A.Y. 2006- 07 to 2012-13. Sr. No. Name, PAN, Address and contact no. of the party Purpose Opening Balance Addition during the P.Y Reduction during the P.Y. Closing balance as on P.Y.ending 17. Furnish comparative chart of Gross Profit and Net profit ratio for the period from A.Y. 2006-07 to 2012-13 and also indicate the reasons for variations, if any. 18. Furnish comparative chart of figures of Profit and Loss account and Balance Sheet for all the years from A.Y. 2006-07 to 2012-13 and also indicate the reasons for variations, if any. 19. A detailed list of taxable wealth along with computation of net wealth as per provisions of W.T. Act, 1957 from A.Y. 2006-07 to 2- 12-13. Please also explain whether the return of net wealth is being filed by you or not. If the return is filed, a copy of the acknowledgment along with computation may be filed. 20. Kindly furnish details of T.D.S. claimed in the following format for A.Y. 2006-07 to 2012-13. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Principal Commissioner or Commissioner] in the course of any proceedings under this Act, is satisfied that any person- (a) [---------------] (b) has [* * *] failed to comply with a notice [under sub-section (2) of section 115WD or under sub-section (2) of section 115WE or] under sub-section (1) of section 142 or sub-section (2) of section 143 [or fails to comply with a direction issued under sub-section (2A) of section 142], or (c) has concealed the particulars of his income or [* * *] furnished inaccurate particulars of [such income, or] [(d) has concealed the particulars of the fringe benefits or furnished inaccurate particulars of such fringe benefits,] he may direct that such person shall pay by way of penalty,- (i) [* * *] [(ii) in the cases referred to in clause (b), [in addition to tax, if any, payable] by him, [a sum of ten thousand rupees] for each such failure ;]" The provisions of section 273B of the Act read as under: - "273B. Penalty not to be imposed in certain cases Notwithstanding anything contained in the provisions of clause (b) of sub- section (1) of] section 271, section 271A, section 271B section 271BB,] section 271C, section 271D, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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