Sahara India Financial Corpn. Ltd., Lucknow v. Addl. CIT, New Delhi

ITA 3510/DEL/2012 | 2005-2006
Pronouncement Date: 07-11-2019 | Result: Dismissed

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Appeal Details

RSA Number 351020114 RSA 2012
Assessee PAN AADCS8698C
Bench Delhi
Appeal Number ITA 3510/DEL/2012
Duration Of Justice 7 year(s) 4 month(s) 3 day(s)
Appellant Sahara India Financial Corpn. Ltd., Lucknow
Respondent Addl. CIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 07-11-2019
Appeal Filed By Assessee
Tags Sahara India Financial Corpn. Ltd.
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 07-11-2019
Date Of Final Hearing 08-10-2015
Next Hearing Date 08-10-2015
First Hearing Date 08-10-2015
Assessment Year 2005-2006
Appeal Filed On 04-07-2012
Judgment Text
ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 1 OF 29 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: A: NEW DELHI) BEFORE SHRI H.S. SIDHU JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA ACCOUNTANT MEMBER ITA NO:- 3510 AND 3511/DEL/2012 ( ASSESSMENT YEAR: 2005-06) SAHARA INDIA FINANCIAL CORPN. LTD. 1-KAPOORTHALA COMPLEX ALIGANJ LUCKNOW. VS. THE ADDL. COMMISSIONER OF INCOME TAX CENTRAL RANGE-I NEW DELHI. PAN NO: AADCS8698C APPELLANT RESPONDENT ASSESSEE BY : SHRI SATYEN SETHI ADV. AND SHRI A.T. PANDA ADV. REVENUE BY : SHRI SANJOG KAPOOR SR. DR ORDER PER: ANADEE NATH MISSHRA AM (A) FOR THE SAKE OF CONVENIENCE AND BREVITY THESE TWO APPEALS ARE BEING DISPOSED OFF BY THIS CONSOLIDATED ORDER; AS SIMILAR / INTERLINKED I SSUES ARE INVOLVED. BOTH THESE APPEALS ARE FILED AGAINST SEPARATE ORDERS EACH DATED 02.04.2012 OF TH E LD. COMMISSIONER OF INCOME TAX (APPEALS-I) NEW DELHI [LD. CIT(A) FOR SHORT] P ERTAINING TO ASSESSMENT YEAR 2005-06 ON THE FOLLOWING GROUNDS: ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 2 OF 29 ITA NO.- 3510/DEL/2012 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS IN LAW THE LD. CIT(A) IS NOT JUSTIFIED IN CONFIRMING THE PENALTY O F RS. 10 000/- LEVIED UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT. 2. THAT THE LD. CIT(A) HAS FAILED TO APPRECIATE TH AT THERE WAS NO DELIBERATE DEFAULT ON THE PART OF THE APPELLANT IN MAKING COMP LIANCE TO THE REQUIREMENTS OF SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT DATE D 12.09.2007 WHEN EACH AND EVERY DATE OF HEARING WAS ATTENDED BY THE AUTHO RISED REPRESENTATIVE AND THEREAFTER ANOTHER MODIFIED SUMMON WAS ISSUED ON 12 .10.2007 IN RESPECT OF SAME REQUIREMENTS THEREBY MERGING SUMMON DATED 12.09.200 7 WHICH HAD AUTOMATICALLY BECOME IN-FRUCTUOUS IN LIGHT OF THE ISSUANCE OF NEW SUMMON DATED 12.10.2007. 3. THAT WITHOUT PREJUDICE IN ANY VIEW OF THE MATTE R THE LD. CIT(A) SHOULD HAVE APPRECIATED THAT THE APPELLANT WAS PREVENTED BY A R EASONABLE CAUSE WITHIN THE MEANING OF SECTION 273B OF THE INCOME TAX ACT IN AL LEGED NON-COMPLIANCE OF SUMMON ISSUED UNDER SECTION 131 OF THE INCOME TAX A CT AND THEREFORE THERE WAS NO JUSTIFICATION IN THE LEVY OF PENALTY UNDER S ECTION 272A(L)(C) OF THE INCOME TAX ACT. 4. THAT THE APPELLANT CRAVES LEAVE TO ADD ALTER A MEND OR WITHDRAW ANY OR ALL THE GROUNDS OF APPEAL ON OR BEFORE THE DATE OF HEARING. ITA NO.- 3511/DEL/2012 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CAS E AS WELL AS IN LAW THE LD. CIT(A) IS NOT JUSTIFIED IN CONFIRMING THE PENALTY OF RS. 10 0 00/- LEVIED UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT. 2. THAT THE LD. CIT(A) HAS FAILED TO APPRECIATE TH AT SUBSTANTIAL INFORMATION CALLED FOR BY THE LD. ASSESSING OFFICER IN THE SUMMON UNDER SECTI ON 131 OF THE INCOME TAX ACT WAS SUBMITTED BY THE APPELLANT AND THEREFORE THERE WA S NO NON-COMPLIANCE AS THE APPELLANT WAS PREVENTED BY CONSTRAINT OF TIME IN SU BMITTING THE ENTIRE INFORMATION CALLED FOR IN THE SUMMON ISSUED UNDER SECTION 131 DATED 12 .10.2007. 3. THAT WITHOUT PREJUDICE IN ANY VIEW OF THE MATTE R THE LD. CIT(A) SHOULD HAVE APPRECIATED THAT THE APPELLANT WAS PREVENTED BY A R EASONABLE CAUSE WITHIN THE MEANING OF SECTION 273B OF THE INCOME TAX ACT IN ALLEGED NO N-COMPLIANCE OF SUMMON ISSUED UNDER SECTION 131 OF THE INCOME TAX ACT AND THEREF ORE THERE WAS NO JUSTIFICATION IN THE LEVY OF PENALTY UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT. 4. THAT THE APPELLANT CRAVES LEAVE TO ADD ALTER AMEND OR WITHDRAW ANY OR ALL THE GROUNDS OF APPEAL ON OR BEFORE THE DATE OF HEARING. ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 3 OF 29 (A.1) THE LD. COMMISSIONER OF INCOME TAX (APPEALS-I ) CONFIRMED PENALTY LEVIED BY LEARNED ADDITIONAL COMMISSIONER OF INCOME TAX CENT RAL RANGE-I NEW DELHI (ADDL.CIT FOR SHORT) VIDE TWO SEPARATE ORDERS EA CH DATED 22.04.2009 UNDER SECTION 272A(1)(C) OF INCOME TAX ACT 1961 (IT ACT FOR S HORT). IN EACH OF THE AFORESAID TWO ORDERS DATED 22.04.2009 OF LD. ADDL.CIT LEVIED PENA LTY AMOUNTING TO RS. 10 000/- UNDER SECTION 272A(1)(C) OF I.T. ACT; ON THE GROUN D THAT THE ASSESSEE HAD FAILED TO COMPLY WITH SUMMONS DATED 12.09.2007 AND 12.10.2007 . THE RELEVANT PORTIONS FROM THE AFORESAID ORDERS EACH DATED 22.04.2009 ARE REP RODUCED AS UNDER; IN THE FOLLOWING PARAGRAPHS (A.1.1) AND (A.1.2) CORRESPONDING TO TH E TWO APPEALS SEPARATELY: (A.1.1) CORRESPONDING TO ITA- 3510/DEL/2012 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 4 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 5 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 6 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 7 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 8 OF 29 (A.1.2) CORRESPONDING TO ITA NO. 3511/DEL/2012 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 9 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 10 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 11 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 12 OF 29 (B) THE ASSESSEE FILED APPEALS AGAINST THE AFORESAI D TWO ORDERS EACH DATED 22.04.2009 PASSED BY ADDL. CIT BEFORE THE LD. CIT( A). THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE HOLDING AS UNDER IN THE FOLL OWING PARAGRAPHS (B.1) AND (B.2) CORRESPONDING TO THE TWO APPEALS SEPARATELY: (B.1) CORRESPONDING TO ITA NO.- 3510/DEL/2012 4. THE APPELLANT HAS TAKEN 7 GROUNDS OF APPEAL ALL OF WHICH EXCEPT GROUND NO. 2 ARE OBJECTING TO LEVY OF PENALTY UNDER SECTION 272 A(L)(C) OF THE INCOME TAX ACT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALSO WI THOUT PREJUDICE RELYING ON THE PROVISIONS OF SECTION 273B OF THE INCOME TAX ACT FO I REASONABLE CAUSE FOR THE DELAY IN COMPLYING WITH THE REQUIREMENTS MADE BY SUMMON I SSUED UNDER SECTION 131 OF THE INCOME TAX ACT. IN PARA 2.1 OF THE PENALTY ORDER THE ADDL. COMMISSI ONER OF INCOME TAX HAS SET OUT THE BRIEF FACTS OF THE CASE AS REPORTED TO HIM BY T HE ASSESSING OFFICER. THEREAFTER IN PARA 2.2 HE HAS EXTRACTED THE REPLY OF THE APPELLAN T SUBMITTED TO HIM IN RESPONSE TO HIS SHOW CAUSE NOTICE DATED 30.01.2009. THEREAFTER THE PARA 3.1 TO PARA 3.5 THE ADDL. COMM ISSIONER OF INCOME TAX HAS REACHED TO THE CONCLUSION THAT THE APPELLANT HAS FA ILED TO DISCHARGE HIS LEGAL OBLIGATIONS AND THE NON COMPLIANCE OF THE ASSESSEE IS VISIBLE ON THE RECORD ITSELF AND THEREAFTER HE HAS PROCEEDED TO LEVY PENALTY OF RS. 10 000/- ON THE APPELLANT FOR FAILURE TO COMPLY WITH THE REQUIREMENTS CALLED FOR VIDE SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT. 5. THE APPELLANT FILED A WRITTEN SUBMISSIONS. THE RELE VANT PORTION SETTING OUT THE FACTS OF THE CASE READS AS FOLLOW:- ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 13 OF 29 THE BRIEF FACTS OF THE CASE ARE THAT IN THIS CASE D URING THE COURSE OF THE ASSESSMENT PROCEEDINGS SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT WAS ISSUED BY THE LD ASSESSING OFFICER ON 12.09.2007 C ALLING FOR CERTAIN INFORMATION WITH REFERENCE TO DEPOSITS ON CD FORMAT. THE APPELL ANT OBJECTED TO THE CALLING FOR INFORMATION ON THE CD FORMAT AND THEREFORE ON 12.10.2007 ANOTHER SUMMON WAS ISSUED CALLING FOR THE SAME INFORMATION IN RESP ECT OF COLLECTIONS AND REPAYMENTS OF DEPOSIT IN PRINT OUT FORM. THE APPELLANT COMPANY IS A RESIDUARY NON BANKING CO MPANY. DURING THE YEAR IT HAS MOBILIZED DEPOSITS TO TUNE OF RS 6 391.65 CR ORES THROUGH THE SERVICES OF ITS AGENT M/S SAHARA INDIA SPREAD OVER 1500 BRANCHES AN D THIS AMOUNT REPRESENTED COLLECTIONS MADE FROM ABOUT 3 CRORES DEPOSITORS. THE LD ASSESSING OFFICER REQUIRED THE APPELLANT TO FURNISH BRANCH-WISE DETAILS OF COLLECTIONS SORTING OUT PAYMENTS RECEIVED IN CAS H AND BY CHEQUE: AND SIMILAR DETAILS IN RESPECT OF BRANCH-WISE REPAYMENT OF DEPO SITS GIVING REPAYMENT BY CHEQUES AND CASH. THE APPELLANT AS ALREADY STATED HEREIN ABOVE IS O PERATING THROUGH ITS AGENT M/S SAHARA INDIA WHICH IN TURN IS OPERATING FROM 1 500 BRANCHES SPREAD ALL OVER THE COUNTRY. AS FAR AS THE APPELLANT IS CONCERNED A CONSOLIDATE D STATEMENT IS BEING SUBMITTED BY THE AGENT ON FORTNIGHTLY BASIS IN RESPECT OF DEP OSITS AND MATURITIES ON THE BASIS OF WHICH ACCOUNTING ENTRY IN THE BOOKS OF ACC OUNT AS WELL AS DEPOSIT LEDGERS IS PASSED BY THE APPELLANT COMPANY. THE INF ORMATION WHICH WAS CALLED FOR BY THE LD ASSESSING OFFICER WAS AVAILABLE IN T HE BOOKS OF ACCOUNT OF AGENT M/S SAHARA INDIA WHICH WAS SUMMONED FROM THEM. SIMILARLY THE LD ASSESSING OFFICER CALLED FOR DETA ILS OF 400 TOP DEPOSITORS FROM EACH BRANCH SETTING OUT THE FOLLOWING PARTICULARS I N RESPECT OF EACH DEPOSITORS 1) NAME AND ADDRESS OF DEPOSITER 2) NUMBER OF ACCOUNTS IN HIS NAME 3) OPENING BALANCE AS ON 1.4.2005 4) DEPOSIT RECEIVED DURING THE YEAR ; (A) IN CASH (B) IN CHEQUE 5) REPAYMENT MADE TO DEPOSITOR DURING THE YEAR ; (A) IN CASH (B) IN CHEQUE 6) CLOSING BALANCE AS ON 31.03.2006. ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 14 OF 29 6. THE ABOVE MENTIONED DETAILS HAD TO BE COLLECTED COL LATED AND SUMMONED THROUGH THE SERVICES OF THE AGENT AS THE PARTICULARS OF ACC EPTANCE AND REPAYMENT OF DEPOSIT VIZ. THEIR BREAK-UP IN CASH OR CHEQUE WAS A VAILABLE WITH THE AGENT ONLY AND THEREFORE IN ALL THE ACCOUNTS THE INFORMATION WHICH WAS CALLED FOR HAD TO BE COLLECTED AND ASSIMILATED WHICH WAS NOT A EASY TASK . HERE IT IS NECESSARY TO BRING ON RECORD THAT THE AS SESSMENT PROCEEDINGS OF THE APPELLANT WERE ALSO IN PROGRESS AND IN THE INTERVEN ING PERIOD BETWEEN 12.10.2007 TO 26.12.2007 I.E. THE LAST DATE OF HEA RING OF THE CASE VARIOUS NOTICES WERE ISSUED BY THE LD ASSESSING OFFICER INCLUDING SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT ON 23.10.2007 AND AGAIN ON 04.12 .2007 CALLING FOR FURTHER INFORMATION REQUIRED FOR THE PURPOSES OF ASSESSMENT AND IT WILL VERY WELL BE APPRECIATED THAT THE PREPARATION OF DETAILS WHICH W ERE CALLED FOR THROUGH SUMMON OF THE LD ASSESSING OFFICER ON 12.10.2007 FOR NON- COMPLIANCE OF WHICH PENALTY HAS BEEN LEVIED WAS NOT ONLY THE JOB WHICH WAS ENTRUSTED WITH THE APPELLANT COMPANY AND HE HAD TO LOOK AFTER ALL THE ASPECTS OF THE ASSESSMENT AND FURNISHING OF THE DETAILS WHICH WERE CALLED FOR FRO M TIME TO TIME (COPIES OF THE NOTICES AND SUMMON ARE ENCLOSED HEREWITH). FURTHER AS REGARDS CALLING FOR THE INFORMATION ON PRINT OUT MODE ALL ALONG SINCE THE ISSUE OF THE SUMMON THE APPELLANT HAD ASKED THE LD ASSESSING OFFICER AS WHETHER HE WAS PREPARED TO ACCEPT THE DETAILS IN TH E PRINT OUT FOR BUT HE KEPT ON INSISTING THE SAME TO BE ON CD FORMAT ONLY. BECAUSE OF THE: RESERVATIONS THE APPELLANT SUBMITTED THE DETAILS WHICH WERE CALLED F OR BY THE LD ASSESSING OFFICER IN RESPECT OF 70 BRANCHES. THE LD ASSESSING OFFICER THEREAFTER TREATED THE AP PELLANT TO BE IN DEFAULT I: RESPECT OF NON-SUBMISSION OF DETAILS OF THE BALANCE BRANCHES AND HAS LEVIED PENALTY UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT. ANOTHER FACTOR WHICH HAS TO BE TAKEN IN TO CONSIDER ATION IS THAT PAR COMPLIANCE OF THE SAME HAS BEEN MADE BY THE APPELLANT AND THE REFORE THE SAME CANNOT BE EQUATED WITH NON-COMPLIANCE AND THE APPELLANT SHOUL D NOT HAVE BEEN VISITED WITH THE PENALTY UNDER SECTION 272A(L)(C) OF THE IN COME TAX ACT ON THE FACTS AND CIRCUMSTANCES OF THE CASE. IN ANY VIEW OF THE MATTER BECAUSE OF THE CIRCUMSTAN CES NARRATED HEREIN ABOVE IT WILL FURTHER BE APPRECIATED THAT THERE WAS A REASON ABLE CAUSE WITHIN THE MEANING OF SECTION 273B OF THE INCOME TAX ACT WITH THE APPELLANT FOR NOT BEING ABLE TO MAKE FULL COMPLIANCE OF THE DETAIL CALLED F OR VIDE SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT AND THEREFORE ALSO THE PENALTY DESERVES TO BE CANCELLED. IN THIS CONNECTION RELIANCE IS PLACED O N THE FOLLOWING CASES :- HINDUSTAN STEEL LTD. V. STATE OF ORISSA 83 ITR 26 C .I.T. V. ELI LILLY & ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 15 OF 29 CO. (INDIA) (P) LTD. 178 TAXMAN 505 (SC) `C.I.T. V. SUPERINTENDING ENGINEER P.W.D. 260 ITR 641 (RAJ.) C.I.T. V. JAGDISH PRASAD CHOUDHARY 211 ITR 472 (PAT .) (F.B.) AZADI BACHAO ANDOLAN V. UNION OF INDIA 252 ITR 471 IN ALL THE ABOVE MENTIONED JUDGMENT IT HAS BEE N HELD THAT THE PENALTY IS NOT AUTOMATIC IF THERE ARE GOOD AND SUFFICIENT REASONS FOR ANY FAILURE. THERE IS NO JUSTIFICATION IN LEVYING PENALTY. THE A PPELLANT WOULD ALSO LIKE T PLACE RELIANCE ON THE DECISION OF THE DELHI HIGH COURT IN THE CASE OF: C.I.T. V. MITSUI AND CO. LTD. AND ANOTHER 272 ITR 545 (DEL.) C.I.T. V. RAUNAQ & CO. (P.) LTD. 140 ITR 407 PP 411 (DEL.) 8. THE LD COUNSEL OF THE APPELLANT STRESSED ON THE FACT THAT IN RESPONSE TO SUMMON DATED 12.10.2007 SUBSTANTIAL INFORMATION WAS FURNISHED BY THE APPELLANT BUT THE ENTIRE INFORMATION COULD NOT BE FURNISHED D UE TO PAUCITY O TIME. IT WAS FURTHER STRESSED THAT POST ISSUE OF SUMMON DATED 12.10.200' FURTHER MORE SUMMONS WERE ISSUED BY THE ASSESSING OFFICER IN THE COURSE O THE ASSESSMENT PROCEEDINGS FOR COMPLIANCE OF VARIOUS FURTHER DETAILS AND THE CONCE RNED STAFF WAS PRACTICALLY ENGAGED IN THE PREPARATION OF THE DETAILS WHICH WER E CALLED FOR BY THE ASSESSING OFFICER RELATING TO THE ASSESSMENT PROCEEDINGS WHIC H WERE GETTING BARRED BY LIMITATION ON 31.12.2007 AND ALSO SOME TIME WAS REQ UIRED FOR PREPARATION OF THE RETURN FOR THE A.Y. 2007-08 WHICH WAS TO BE FILED B Y 31 ST OCTOBER AND SINCE THE INFORMATION WHICH WAS CALLED FOR BY THE ASSESSING O FFICER VIDE SUMMON ISSUED ON 12.10.2007 WAS AT A VERY LATE STAGE ASSIMILATION O F THE INFORMATION CALLED FOR VIDE SUMMON COULD NOT BE MADE BY THE APPELLANT DUE TO PA UCITY OF TIME AND THEREFORE THERE WAS A REASONABLE CAUSE WITHIN THE MEANING OF SECTION 273B OF THE INCOME TAX ACT WITH THE APPELLANT IN MAKING ONLY PART COMPLIAN CE IN RESPECT OF THE INFORMATION CALLED FOR VIDE SUMMON ISSUED BY THE ASSESSING OFFI CER. 9. IN LIGHT OF THE ABOVE FACTS AND CIRCUMSTANCES I T WAS PRAYED BY THE APPELLANT THAT THIS WAS NOT A FIT CASE FOR LEVY OF PENALTY UN DER SECTION 272A(L)(C) OF THE INCOME TAX ACT AND THEREFORE THE PENALTY SHOULD BE CANCE LLED. 10. I HAVE CONSIDERED THE SUBMISSION GIVEN BY THE A PPELLANT AS WELL AS THE OBSERVATION OF THE ASSESSING OFFICER. THE CONTENTIO N OF THE APPELLANT THAT THE DETAILS ASKED BY THE ASSESSING OFFICER WAS VOLUMINOUS AND H AD TO BE COLLECTED AND ASSIMILATED MAY BE TRUE BUT THIS DOES NOT ABSOLVE T HE APPELLANT OF THE FACT THAT IT DID NOT COMPLY WITH THE REQUIREMENTS MADE BY THE ASSESS ING OFFICE WHEN THE ACCOUNTS ARE MAINTAINED ON COMPUTER THEN THE CONTENTION THAT THE INFORMATION WAS VOLUMINOUS CANNOT BE TAKEN AS AN ALIBI FOR NOT FURN ISHING THE SAME. IT HARDLY TAKES A FEW MINUTES TO PRINT THE INFORMATION AND EVEN IF IT IS T BE COLLECTED FROM VARIOUS BRANCHES THE SAME CAN BE RETRIEVED IN FEW MINUTE BY RECEIVING IT THROUGH EMAILS. THE ASSESSING OFFICER IN THE PENALTY ORDER HA MENTI ONED THE VARIOUS DATES ON WHICH THE APPELLANT WAS REQUIRED TO FURNISH THE INFORMATI ON. YET THE APPELLANT DID NOT COMPLY WITH THE NOTICES. IT IS FURTHER OBSERVED THA T THE APPELLANT DID NOT SUBMIT THE ENTIRE DETAILS IN HARD COP] WHICH WOULD HAVE EXHIBI TED ITS SINCERITY IN COMPLYING WITH THE NOTICES IF IT WAS NOT POSSIBLE TO SUBMIT I N A CD AS REQUIRED BY THE ASSESSING ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 16 OF 29 OFFICER CONSIDERING THESE FACTS THE PENALTY OF RS. 10 000/- IMPOSED U/S 272A(L)(C) IS UPHELD. 11. IN RESULT THE APPEAL IS DISMISSED. (B.2) CORRESPONDING TO ITA NO. 3511/DEL/2012 4. THE APPELLANT HAS TAKEN 7 GROUNDS OF APPEAL AL L OF WHICH EXCEPT GROUND NO. 2 ARE OBJECTING TO LEVY OF PENALTY UNDER SECTION 272A (L)(C) OF THE INCOME TA; ACT ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND ALSO WI THOUT PREJUDICE RELYING ON THE PROVISIONS OF SECTION 273B OF THE INCOME TAX ACT FO R REASONABLE CAUSE FOR THE DELAY IN COMPLYING WITH THE REQUIREMENTS MADE B SUMMON IS SUED UNDER SECTION 131 OF THE INCOME TAX ACT. IN PARA 2.1 OF THE PENALTY ORDER THE ADDL. COMMISSI ONER OF INCOME TAX HAS SET OUT THE BRIEF FACTS OF THE CASE AS REPORTED TO HIM BY T HE ASSESSING OFFICE THEREAFTER IN PARA 2.2 HE HAS EXTRACTED THE REPLY OF THE APPELLAN T SUBMITTED T HIM IN RESPONSE TO HIS SHOW CAUSE NOTICE DATED 30.01.2009. THEREAFTER THE PARA 3.1 TO PARA 3.3 THE ADDL. COMM ISSIONER OF INCOME TA HAS REACHED TO THE CONCLUSION THAT THE APPELLANT HAS FA ILED TO DISCHARGE HI LEGAL OBLIGATIONS AND THE NON COMPLIANCE OF THE ASSESSEE IS VISIBLE ON THE RECORD ITSELF AND THEREAFTER HE HAS PROCEEDED TO LEVY PENALTY OF RS. 10 000/- ON THE APPELLANT FOR FAILURE TO COMPLY WITH THE REQUIREMENTS CALLED FOR VIDE SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT. 5. THE APPELLANT FILED A WRITTEN SUBMISSIONS. THE RELE VANT PORTION SETTING OUT THE FACTS OF THE CASE READS AS FOLLOWS THE BRIEF FACTS OF THE CASE ARE THAT IN THIS CASE D URING THE COURSE OF THE ASSESSMENT PROCEEDINGS SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT WAS ISSUED BY THE LD ASSESSING OFFICER ON 12.09.2007 CALLING FOR CERTAIN INFORMATION WITH REFERENCE TO DEPOSITS ON CD FORMAT. THE APPELLANT OBJECTED TO TH E CALLING FOR INFORMATION ON THE CD FORMAT AND THEREFORE ON 12.10.2007 ANOTHER SUM MON WAS ISSUED CALLING FOR THE SAME INFORMATION IN RESPECT OF COLLECTIONS AND REPA YMENTS OF DEPOSIT IN PRINT OUT FORM. THE APPELLANT COMPANY IS A RESIDUARY NON BANKING CO MPANY. DURING THE YEAR IT HAS MOBILIZED DEPOSITS TO TUNE OF RS 6 391.65 CRORE S THROUGH THE SERVICES OF ITS AGENT M/S SAHARA INDIA SPREAD OVER 1500 BRANCHES AND THIS AMOUNT REPRESENTED COLLECTIONS MADE FROM ABOUT 3 CRORE DEPOSITORS. THE LD ASSESSING OFFICER REQUIRED THE APPELLANT TO FURNISH BRANCH-WISE DETAILS OF COLLECTIONS SORTING OUT PAYMENTS RECEIVED IN CASH A ND BY CHEQUE AND SIMILAR DETAILS IN RESPECT OF BRANCH-WISE REPAYMENT OF DEPOSITS GIV ING REPAYMENT BY CHEQUES AND ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 17 OF 29 CASH. THE APPELLANT AS ALREADY STATED HEREIN ABOVE IS O PERATING THROUGH ITS AGENT M/S SAHARA INDIA WHICH IN TURN IS OPERATING FROM 1500 BRANCHES SPREAD A OVER THE COUNTRY. AS FAR AS THE APPELLANT IS CONCERNED A CONSOLIDATE D STATEMENT IS BEING SUBMITTED BY THE AGENT ON FORTNIGHTLY BASIS IN RESPECT OF DEPOSI TS AND MATURITIES ON THE BASIS OF WHICH ACCOUNTING ENTRY IN THE BOOKS OF ACCOUNT A WE LL AS DEPOSIT LEDGERS IS PASSED BY THE APPELLANT COMPANY. THE INFORMATION WHICH WAS CALLED FOR BY THE LD ASSESSING OFFICER WAS AVAILABLE IN THE BOOK OF ACCO UNT OF AGENT M/S SAHARA INDIA WHICH WAS SUMMONED FROM THEM. SIMILARLY THE LD ASSESSING OFFICER CALLED FOR DETA ILS OF 400 TOP DEPOSITOR FROM EACH BRANCH SETTING OUT THE FOLLOWING PARTICULARS IN RES PECT OF EACH DEPOSITORS:- 1) NAME AND ADDRESS OF DEPOSITOR 2) NUMBER OF ACCOUNTS IN HIS NAME 3) OPENING BALANCE AS ON 1.4.2005 4) DEPOSIT RECEIVED DURING THE YEAR ; (A) IN CASH (B) IN CHEQUE 5) REPAYMENT MADE TO DEPOSITOR DURING THE YEAR ; (A) IN CASH (B) IN CHEQUE 6) CLOSING BALANCE AS ON 31.03.2006. 6. THE ABOVE MENTIONED DETAILS HAD TO BE COLLECTED COL LATED AND SUMMONED THROUGH THE SERVICES OF THE AGENT AS THE PARTICULARS OF ACC EPTANCE AN REPAYMENT OF DEPOSIT VIZ. THEIR BREAK-UP IN CASH OR CHEQUE WAS AVAILABLE WITH THE AGENT ONLY AND THEREFORE IN ALL THE ACCOUNTS THE INFORMATION WHIC H WAS CALLED FOR HAD TO BE COLLECTED AND ASSIMILATED WHICH WAS NOT A EASY TASK . HERE IT IS NECESSARY TO BRING ON RECORD THAT THE AS SESSMENT PROCEEDINGS OF THE APPELLANT WERE ALSO IN PROGRESS AND IN THE INTERVEN ING PERIOD BETWEEN 12.10.2007 TO 26.12.2007 I.E. THE LAST DATE OF HEARING OF THE CASE VARIOUS NOTICES WERE ISSUED BY THE LD ASSESSING OFFICER INCLUDING SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT ON 23.10.2007 AND AGAIN ON 04.12.200 ' CALLING FOR FURTHER INFORMATION REQUIRED FOR THE PURPOSES OF ASSESSMENT AND IT WILL VERY WELL BE APPRECIATED THAT THE PREPARATION OF DETAILS WHICH W ERE CALLED FOR THROUGH SUMMON OF THE LD ASSESSING OFFICER ON 12.10.2007 FOR NON CO MPLIANCE OF WHICH PENALTY HAS BEEN LEVIED WAS NOT ONLY THE JOB WHICH WAS ENTRUST ED WITH THE APPELLANT COMPANY AND HE HAD TO LOOK AFTER ALL THE ASPECTS OF THE ASS ESSMENT AND FURNISHING OF THE DETAILS WHICH WERE CALLED FOR FRONTLINE TO TIME (C OPIES OF THE NOTICES AND SUMMON ARE ENCLOSED HEREWITH). FURTHER AS REGARDS CALLING FOR THE INFORMATION ON PRINT OUT MODE ALL ALONG SINCE THE ISSUE OF THE SUMMON THE APPELLANT HAD ASKED THE LD ASSESSING OFFICER AS WHETHER HE WAS PREPARED TO ACCEPT THE DETAILS IN THE PRINT OUT FORM BUT HE KEPT ON INSISTING THE SAME TO BE ON CD FORMAT ONLY. BECAUSE OF THESE RESE RVATIONS THE APPELLANT SUBMITTED THE DETAILS WHICH WERE CALLED FOR BY THE LD ASSESS ING OFFICER IN RESPECT OF 70 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 18 OF 29 BRANCHES. THE LD ASSESSING OFFICER THEREAFTER TREATED THE AP PELLANT TO BE IN DEFAULT IN RESPECT OF NON-SUBMISSION OF DETAILS OF THE BALANCE BRANCHE S AND HAS LEVIED PENALTY UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT. ANOTHER FACTOR WHICH HAS TO BE TAKEN IN TO CONSIDER ATION IS THAT PART COMPLIANCE OF THE SAME HAS BEEN MADE BY THE APPELLANT AND THEREF ORE THE SAME CANNOT BE EQUATED WITH NON-COMPLIANCE AND THE APPELLANT SHOULD NOT HA VE BEEN VISITED WITH THE PENALTY UNDER SECTION 272A(L)(C) OF THE INCOME TAX ACT ON THE FACTS AND CIRCUMSTANCES OF THE CASE. 7. IN ANY VIEW OF THE MATTER BECAUSE OF THE CIRCUMSTAN CES NARRATED HEREIN ABOVE IT WILL FURTHER BE APPRECIATED THAT THERE WAS A REASON ABLE CAUSE WITHIN THE MEANING OF SECTION 273B OF THE INCOME TAX ACT WITH THE APPE LLANT FOR NO' BEING ABLE TO MAKE FULL COMPLIANCE OF THE DETAIL CALLED FOR VIDE SUMMON UNDER SECTION 131 OF THE INCOME TAX ACT AND THEREFORE ALSO THE PENALTY DES ERVES TO BE CANCELLED. IN THIS CONNECTION RELIANCE IS PLACED ON THE FOLLOWING CAS ES HINDUSTAN STEEL LTD. V. STATE OF ORISSA 83 ITR 26 C.I.T. V. ELI LILLY & CO. (INDIA) (P) LTD. 178 TAXM AN 505 (SC) C.I.T. V. SUPERINTENDING ENGINEER P.W.D. 260 ITR 6 41 (RAJ.) C.I.T. V. JAGDISH PRASAD CHOUDHARY 211 ITR 472 (PAT .) (F.B.) AZADI BACHAO ANDOLAN V. UNION OF INDIA 252 ITR 471 IN ALL THE ABOVE MENTIONED JUDGMENT IT HAS BEEN HE LD THAT THE PENALTY IS NOT AUTOMATIC IF THERE ARE GOOD AND SUFFICIENT REASONS FOR ANY FAILURE. THERE IS NO JUSTIFICATION IN LEVYING PENALTY. THE A PPELLANT WOULD ALSO LIKE TO PLACE RELIANCE ON THE DECISION OF THE DELHI HIGH COURT IN THE CASE OF: C.I.T. V. MITSUI AND CO. LTD. AND ANOTHER 272 ITR 5 45 (DEL.) C.I.T. V. RAUNAQ & CO. (P.) LTD. 140 ITR 407 PP 411 (DEL.) 8. THE LD COUNSEL OF THE APPELLANT STRESSED ON THE FACT THAT IN RESPONSE TO SUMMON DATED 12.10.2007 SUBSTANTIAL INFORMATION WAS FURNISHED BY THE APPELLANT BUT THE ENTIRE INFORMATION COULD NOT BE FURNISHED D UE TO PAUCITY OF TIME. IT WAS FURTHER STRESSED THAT POST ISSUE OF SUMMON DATED 12 .10.200 FURTHER MORE SUMMONS WERE ISSUED BY THE ASSESSING OFFICER IN THE COURSE C THE ASSESSMENT PROCEEDINGS FOR COMPLIANCE OF VARIOUS FURTHER DETAILS AND THE CONCE RNED STAFF WAS PRACTICALLY ENGAGED IN THE PREPARATION OF THE DETAILS WHICH WER E CALLED FOR BY THE ASSESSING OFFICER RELATING TO THE ASSESSMENT PROCEEDINGS WHIC H WERE GETTING BARRED BY LIMITATION ON 31.12.2007 AND ALSO SOME TIME WAS REQ UIRED FOR PREPARATION OF THE RETURN FOR THE A.Y. 2007-0: WHICH WAS TO BE FILED B Y 31 ST OCTOBER AND SINCE THE INFORMATION WHICH WAS CALLED FOR BY THE ASSESSING O FFICER VIDE SUMMON ISSUED ON 12.10.2007 WAS AT A VERY LATE STAGE ASSIMILATION O F THE INFORMATION CALLED FOR VIDE SUMMON COULD NOT BE MADE BY THE APPELLANT DUE TO PA UCITY OF TIME AND THEREFORE ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 19 OF 29 THEN WAS A REASONABLE CAUSE WITHIN THE MEANING OF S ECTION 273B OF THE INCOME TA? ACT WITH THE APPELLANT IN MAKING ONLY PART COMPLIAN CE IN RESPECT OF THE INFORMATION CALLED FOR VIDE SUMMON ISSUED BY THE ASSESSING OFFI CER. 9. IN LIGHT OF THE ABOVE FACTS AND CIRCUMSTANCES IT WAS PRAYED BY THE APPELLANT THAT THIS WAS NOT A FIT CASE FOR LEVY OF PENALTY UN DER SECTION 272A(L)(C) OF THE INCOME TAX ACT AND THEREFORE THE PENALTY SHOULD BE CANCE LLED. 10. I HAVE CONSIDERED THE SUBMISSION GIVEN BY THE APPELLANT AS WELL AS THE OBSERVATION OF THE ASSESSING OFFICER. THE CONTENTIO N OF THE APPELLANT THAT THE DETAILS ASKED BY THE ASSESSING OFFICER WAS VOLUMINOUS AND H AD TO BE COLLECTED AND ASSIMILATED MAY BE TRUE BUT THIS DOES NOT ABSOLVE T HE APPELLANT OF THE FACT THAT IT DID NOT COMPLY WITH THE REQUIREMENTS MADE BY THE ASSESS ING OFFICER. WHEN THE ACCOUNTS ARE MAINTAINED ON COMPUTER THEN THE CONTENTION THAT THE INFORMATION WAS VOLUMINOUS CANNOT BE TAKEN AS AN ALIBI FOR NOT FURN ISHING THE SAME. IT HARDLY TAKES A FEW MINUTES TO PRINT THE INFORMATION AND EVEN IF IT IS TO BE COLLECTED FROM VARIOUS BRANCHES THE SAME CAN BE RETRIEVED IN FEW MINUTES B Y RECEIVING IT THROUGH EMAILS. THE ASSESSING OFFICER IN THE PENALTY ORDER HAS MENT IONED THE VARIOUS DATES ON WHICH THE APPELLANT WAS REQUIRED TO FURNISH THE INFORMATI ON. YET THE APPELLANT DID NOT COMPLY WITH THE NOTICES. IT IS FURTHER OBSERVED THA T THE APPELLANT DID NOT SUBMIT THE DETAILS IN HARD COPY WHICH WOULD HAVE EXHIBITED ITS SINCERITY IN COMPLYING WITH THE NOTICES IF IT WAS NOT POSSIBLE TO SUBMIT IN A CD AS REQUIRED BY THE ASSESSING OFFICER. THE APPELLANT HAD SUBMITTED THE DETAILS OF ONLY 70 BRANCHES AS AGAINST 1500 MAINTAINED B; IT. CONSIDERING THESE FACTS THE PENAL TY OF RS.10 000/- IMPOSED U/S 272A(L)(C IS UPHELD. 11. IN RESULT THE APPEAL IS DISMISSED. (C) THE PRESENT APPEALS BEFORE US HAVE BEEN FILED B Y THE ASSESSEE AGAINST THE AFORESAID IMPUGNED TWO SEPARATE ORDERS DATED 02.04. 2012 OF THE LD. CIT(A). DURING THE APPELLATE PROCEEDINGS IN INCOME TAX APPELLATE T RIBUNAL (ITAT FOR SHORT) THE FOLLOWING WRITTEN SUBMISSIONS WERE FILED FROM ASSES SEES SIDE BY WAY OF BRIEF SYNOPSIS WHICH ARE REPRODUCED BELOW IN THE FOLLOWING PARAGR APHS (C.1) AND (C.2) CORRESPONDING TO THE TWO APPEALS SEPARATELY: ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 20 OF 29 (C.1) CORRESPONDING TO ITA NO.- 3510/DEL/2012: ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 21 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 22 OF 29 (C.2) CORRESPONDING TO ITA NO.- 3511/DEL/2012 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 23 OF 29 ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 24 OF 29 (D) IN THE COURSE OF APPELLATE PROCEEDINGS IN INCOM E TAX APPELLATE TRIBUNAL (ITAT FOR SHORT) A PAPER BOOK WAS FILED FROM ASSESSEES SIDE CONTAINING THE FOLLOWING PARTICULARS: ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 25 OF 29 1. NOTICE U/S 143(2) DATED 10.9.2007 2. NOTICE U/S 142(1) DATED 10.9.2007 WITH QUESTIONNAIR E 3. SUMMONS U/S 131 DATED 12.9.2007 4. LETTER OF THE APPELLANT DATED 25.9.2007 FILED BEFOR E AO 5. SUBMISSIONS DATED 4.10.2007 FILED BEFORE AO 6. SUBMISSIONS DATED 12.10.2007 FILED BEFORE AO 7. SUMMONS U/S 131 DATED 12.10.2007 8. NOTICE U/S 142(2A) DATED 5.11.2007 TO CONDUCT SPECI AL AUDIT 9. SUBMISSIONS DATED 8.11.2007 FILED BEFORE AO 10. SUBMISSION DATED 20.12.2007 FILED BEFORE AO 11. SUBMISSIONS DATED 26.12.2007 FILED BEFORE AO 12. ORDER US 142(2A) DATED 28.12.2007 DIRECTING SPECIAL AUDIT 13. NOTICE US 272A(1)(C) DATED 30.1.2009 14. SUBMISSIONS DATED 6.4.2009 FILED BEFORE AO 15. ORDER OF ITAT DATED 23.5.2008 PASSED IN ITA 581 586 TO 589/DEL/2006 FOR AY 1999-00 2001-02 & 2002-03 (E) AT THE TIME OF HEARING BEFORE US THE LD. COUNSE L FOR ASSESSEE SUBMITTED THAT SUMMONS U/S 131 DATED 12.09.2007 REQUIRED THE ASSES SEE TO FILE THE DETAILS IN A COMPACT DISK (CD). HOWEVER ACCORDING TO HIM TH ERE WAS NO STATUTORY OBLIGATION ON THE PART OF THE ASSESSEE TO SUBMIT THE INFORMATION IN THE FORM OF CD AND THAT FILING OF THE DETAILS IN THE FORM OF PRINTOUTS IS SUFFICIENT COMPLIANCE. HOWEVER HE FAIRLY ADMITTED ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 26 OF 29 THAT EVEN IN THE FORM OF PRINTOUTS NO DETAILS WERE SUBMITTED BY THE ASSESSEE IN RESPONS TO THE AFORESAID SUMMONS DATED 12.09.2007. REGARDI NG THE SUMMONS DATED 12.10.2007 THE LD. COUNSEL FOR ASSESSEE SUBMITTED THAT THE SAME INFORMATION WHICH WAS EARLIER CALLED FOR BY THE AO VIDE SUMMON DATED 12.09.2007 IN THE FORM OF CD WERE NOW CALLED FOR IN THE FORM OF PRINT OUTS VIDE SUMMO NS DATED 12.10.2007. THE LD. COUNSEL FOR ASSESSEE SUBMITTED THAT PARTIAL COMPLIA NCE WAS MADE TO THE AFORESAID SUBSEQUENT SUMMONS DATED 12.10.2007. THE LD. COUNS EL FOR ASSESSEE ALSO RELIED ON ORDER DATED 23.05.2008 OF CO-ORDINATE BENCH OF ITAT DELHI IN ITA NO. 581 586 TO 589/DEL/2006 FOR ASSESSMENT YEARS 1999-00 2001-02 & 2002-03 WHEREIN COORDINATE BENCH OF ITAT DELHI HAD DELETED PENALTY LEVIED U/S 272A(1)(C) OF I.T. ACT. HE ALSO TOOK US THROUGH THE CONTENTS OF THE PAPER BOOK; AND CONT ENDED THAT THE PENALTIES LEVIED U/S 272A(1)(C) OF I.T. ACT FOR ASSESSMENT YEAR 2005-06 WHICH ARE THE SUBJECT MATTER OF THE PRESENT APPEAL BEFORE US SHOULD ALSO BE DELETED . HOWEVER THE LEARNED DEPARTMENTAL REPRESENTATIVE (LD. DR FOR SHORT) S UBMITTED THAT THE AFORESAID ORDER DATED 23.05.2008 OF CO-ORDINATE BENCH OF ITAT DELH I IS DISTINGUISHABLE BECAUSE IN THE FACTS AND CIRCUMSTANCES OF THE AFORESAID ORDER DATE D 23.05.2008 IT WAS HELD BY ITAT THAT THE ASSESSEE HAD NOT OMITTED TO PRODUCE THE BO OKS OF ACCOUNTS OR DOCUMENTS; WHEREAS IN THE FACTS AND CIRCUMSTANCES OF THE APPEA LS BEFORE US THE ASSESSEE HAD FAILED TO FILE ALL THE DETAILS AND DETAILS WERE ON LY PARTIALLY SUBMITTED IN THE FORM OF PRINTOUTS. THE LD. COUNSEL FOR ASSESSEE ALSO ADMIT TED THAT THE ASSESSEE HAD FAILED TO ENSURE FULL COMPLIANCE OF THE SUMMONS DATED 12.09.2 007 AND 12.10.2007; AND HAD IN FACT SUBMITTED ONLY PARTIAL DETAILS IN THE FORM OF PRINTOUTS IN RESPONSE TO SUMMONS ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 27 OF 29 DATED 12.10.2007 WHEREAS NO DETAILS WERE SUBMITTED (IN THE CD OR IN THE FORM OF PRINTOUTS) IN RESPONSE TO SUMMONS DATED 12.09.2007. . HE ALSO RELIED ON ORDERS OF LD. ADDL. CIT AND LD. CIT(A). (F) WE HAVE HEARD BOTH SIDES. WE HAVE PERUSED THE MATERIALS AVAILABLE ON RECORDS. WE HAVE ALSO CONSIDERED THE PRECEDENTS BROUGHT TO O UR ATTENTION OR REFERRED TO IN THE RECORDS. IT IS NOT IN DISPUTE THAT THE ASSESSEE HA D SUBMITTED ONLY PARTIAL DETAILS IN THE FORM OF PRINTOUTS IN RESPONSE TO SUMMONS DATED 12.1 0.2007 WHEREAS NO DETAILS WERE SUBMITTED (IN THE CD OR IN THE FORM OF PRINTOUTS) I N RESPONSE TO SUMMONS DATED 12.09.2007. THUS IT IS NOT IN DISPUTE THAT THE AS SESSEE HAD FAILED TO SUBMIT THE FULL DETAILS REQUIRED BY THE AO VIDE AFORESAID SUMMONS D ATED 12.09.2007 AND 12.10.2007 EITHER IN THE FORM OF CD OR IN THE FORM OF PRINTOUT S. THE PERUSAL OF THE ORDERS OF THE LD. ADDL. CIT AND THE LD. CIT SHOWS THAT THE ASSESSEE H AD BEEN PROVIDED SEVERAL OPPORTUNITIES AND DESPITE THAT THESE REQUIRED DETAI LS WERE NOT SUBMITTED IN ENTIRETY. EVEN IF IT IS THE CASE OF THE ASSESSEE THAT THERE W AS NO REQUIREMENT TO SUBMIT DETAILS IN CD AND THAT SUBMISSION IN FORM OF PRINTOUT WAS SUF FICIENT; EVEN THEN THE FACT REMAINS THAT THERE WAS ABSENCE OF FULL COMPLIANCE EVEN IN T HE FORM OF PRINTOUTS AND ONLY PARTIAL COMPLIANCE BY WAY OF SUBMISSION IN THE FORM OF PRIN TOUTS HAS BEEN MADE. IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES; AND CONSIDER ING THAT AFORESAID ORDER DATED 23.03.2008 OF CO-ORDINATE BENCH OF ITAT DELHI IS D ISTINGUISHABLE AS MENTIONED IN FOREGOING PARAGRAPH (E) OF THIS ORDER; WE HAVE FIND THAT THE AFORESAID PENALTY LEVIED BY LD. ADDL. CIT AND CONFIRMED BY THE LD. CIT(A); WAS JUST AND PROPER IN THE FACTS AND ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 28 OF 29 CIRCUMSTANCES OF THE APPEALS BEFORE US. ACCORDINGLY PENALTIES LEVIED BY THE ADDL. CIT AND CONFIRMED BY THE LD. CIT(A) ARE HEREBY UPHELD. (G) IN THE RESULT APPEAL FILED BY ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 07/11/2019. SD/- SD/- (H.S. SIDHU) (ANADEE NATH MISSHRA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 07/11/2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NOS.- 3510 & 3511/DEL/2012 SAHARA INDIA FINANCIAL CORPN. LTD. PAGE 29 OF 29 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER