TMI Blog2019 (9) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the provisions of Section 115WD of the Act. The AO also issued penalty notice u/s. 271(1)(d) of the Act, initiating penalty proceedings. During the penalty proceedings also, assessee submitted that assessee has neither received any assessment order under FBT provisions nor received any demand notice or penalty notice. The same was served on 24-05-2010. If there is any objection, assessee could have filed submissions before the AO. Even though the penalty proceedings were completed on 31-05-2010. The assessee has chose not to respond to any of the proceedings u/s.115WE of the Act nor penalty proceedings. Therefore, in our considered view, it is a fit case for levy of penalty. Accordingly, we sustain the penalty u/s.271(1)(d) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s.115WF r.w.s. 115WG (FBT) of the Act. Penalty proceedings u/s.271(1)(d) of the Act were also initiated and notices were issued through speed post. However, assessee through its Authorized Representative (AR) submitted that assessee has not received any of such notice. During the assessment proceedings u/s.143(3) of the Act, it was brought to the notice of the AR and was asked to file objections if any on 14-05-2010. Since the assessee informed that they have not received the notices and at their request, certified copies of the assessment order, demand notice and penalty notices were given to the AR. Still the assessee has not made any submission on levy and penalty. Accordingly, penalty was levied u/s.271(1)(d) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons and he submitted that the FBT provisions are withdrawn and not applicable any more after 01-04-2010. He submitted that since the provisions of Section 115WD of the Act are withdrawn, the penalty u/s. 271(1)(d) cannot be levied. In this regard, he relied on the case of jurisdictional High Court in the case of ACIT Vs. Vijaya Finance [231 ITR 137] (AP). 5. On the other hand Ld.DR submitted that assessee was given several opportunities to file the objections, if any, and also assessee has not filed any return of income under the provisions of FBT. The reason given by the assessee is that assessee-firm is not aware of the provisions, is not a proper explanation and not to be excused. 6. Considered the rival ..... X X X X Extracts X X X X X X X X Extracts X X X X
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