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TMI Blog2022 (6) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to as "the Act") relevant to the Assessment Year 2012-2013. 2. When the matter was called for hearing it was noticed that there was none appeared on behalf of the assessee despite the fact that notice for hearing was also issued to at the given address. It is the trite law that assessee after filing the appeal should be vigilant enough to prosecute the same. But, we find that the assessee is not serious in pursuing the appeal filed by it. In the absence of any co-operation from the side of the assessee, we don't find any reason to keep the matter pending before us. Accordingly, we decide to proceed to adjudicate the appeal after hearing the learned DR appearing on behalf of the Revenue. 3. At the outset we note that there was a de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not disclosed in the income tax return. Therefore, to tax capital gain on the same, the notice under section 148 of the Act dated 16th December 2016 was issued on the assessee requiring him to file return of income. Thereafter six reminders on different dates were also issued by the AO for filing return of income but the assessee failed to file return. The AO during the course of assessment proceedings u/s 143(3) r.w.s. 147 of the Act issued as many as six notices u/s 142(1) of the Act on various dates being last one as on 11th September 2017 and show cause notice dated 5th October 2017 and 4th December 2017 but the assessee failed to comply the same. In view of above, the AO initiated penalty proceedings u/s 271(1)(b) of the Act for the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the different dates of hearing before the Assessing Officer in response to notice issued under Section 143(2) of the Act. However, we find that the default is same and, therefore, penalty of Rs. 10,000/- could be imposed for the first default made by the assessee in this regard. The penalty under Section 271(1)(b) could not be imposed for each and every notice issued under Section 143(2), which remained not complied with on the part of the assessee. The provision of Section 271(1)(b) is of deterrent nature and not for earning revenue. Any other view taken shall lead to the imposition of penalty for any number of times (without limits) for the same default of not appearing in response to the notice issued under Section 143(2) of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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