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TMI Blog2022 (5) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-08. 2. The grounds of appeal raised by assessee read as under: "1. The Ld. CIT(A) has erred in law and facts in passing order confirming penalty U/s. 271(1)(b) of Rs. 10,000/-. The same needs cancellation. 2. The Ld. CIT(A) has erred in law and facts in passing order confirming penalty without considering the reply filed by the assessee and without giving opportunity to submit his explanation. The order being bad in law needs cancellation. 3. The Ld. CIT(A) has erred in law and facts in not considering the aspect that the order confirming penalty has been passed without considering statutory position. The penalty order passed is bad in law. The penalty needs cancellation. 4. The Ld. CIT(A) has erred in law and facts in not con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... craves leave to reserve his right to amend / alter / add and/or substitute any / all grounds of appeal before the actual hearing takes place." 3. The assessee had not filed his return of income. The case was reopened by issuing notice u/s.148 of the Act on the ground that the assessee had given cash of Rs.3,80,000/- to M/s. Panchnath Enterprise and obtained cheque from the later party. Therefore, notice u/s.148 was issued on 28.03.2014 and duly served upon the assessee on 28.03.2014. Thereafter, notice u/s. 143(1) was issued to the assessee on 19.05.2014 and duly served by RPAD. Further, another notices u/s. 142(1) and u/s. 143(2) of the Act along with detailed questionnaire were issued to the assessee on 07.08.2014 and duly served upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterprise and obtained cheque from the later party. From what is discussed, it is clear that assessee has failed to comply with the final notice under sub-section (1) of section 142 on 24.03.2015. 3.4 In view of the above, the AO satisfied that this is a fit case for levy penalty u/s. 271(1)(b) of the IT, Act, 1961. Accordingly, he levied penalty of Rs. 10,000/- (Rs. Ten Thousand Only ) for failure on part of the assessee comply with the notice u/s 142(1) of the Act issued on 19.05.2014, 21.07.2014 and 11.12.2014. 4. The Ld. CIT (A) dismissed the assessee's appeal by observing as under: "I have carefully considered the submission of the appellant and perused facts of the case in A.O's order. 5.1 It is apparent from AR's lette ..... X X X X Extracts X X X X X X X X Extracts X X X X
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