M S Gopal Kanda Amp Sons Huf Haryana v. Dcit New Delhi

In The Income Tax Appellate Tribunal Delhi Benches D New Delhi Before Shri R S Syal Vice President And Shri Kuldip Singh Judicial Member Ita Nos 4700 To 4702 4704 Del 2015 Assessment Years 2002 03 To 2004 05 2008 09 Gopal Kanda Sons Huf H No 21 Ward No 1 Gali Khajanchain Sirsa Haryana Pan Aadhg 9961 R Vs Dcit Central Circle 14 New Delhi Ita Nos 4273 To 4275 Del 2015 Assessment Years 2006 07 To 2008 09 Kartikeya Buildcon Pvt Ltd Flat No 4 R R Apartment 3 4 Manglapuri Mehrauli New Delhi Pan Aacck 6106 C Vs Dcit Central Circle 14 New Delhi Assessee By Shri Gautam Jain Shri Piyush Kamal Shri Lalit Mohan Advocates Deptt By Shri Amit Jain Sr Dr Date Of Hearing 13 12 2017 Date Of Pronouncement 14 12 2017 Ita Nos 4700 To 4702 4704 4273 To 4275 Del 2015 2 Order Per Bench These Seven Appeals By Two Different But Related As Sessees Are Directed Against The Confirmation Of Penalty Am Ounting To Rs 20 000 Each Under Section 271 1 B Of The Inc Ome Tax Act 1961 Hereinafter Also Called The Act In Re Lation To The Assessment Years 2002 03 To 2008 09 2 Briefly Stated The Facts Of The Cases Are That The Assessing Officer Imposed Penalty U S 271 1 B Of The Act Fo R Non Compliance Of The Statutory Notices The Ld Cit A Upheld The Penalty Aggrieved The Assessees Have Filed The I Nstant Appeals Before The Tribunal 3 We Have Heard The Parties And Perused The Releva Nt Material On Record It Was Submitted By The Ld Ar That The Non Compliance Of The Statutory Notices Of Hearing Issued By The Assessing Officer Was Not Intentional But Was For Ita Nos 4700 To 4702 4704 4273 To 4275 Del 2015 3 Reasonable Cause As The Assessee Group Had To Compl Ete 303 Group Assessments Within A Short Span Of Five Month S And Further One Of Their Directors Was In Judicial Cust Ody We Find That The Non Compliance Of The Statutory Notices By The Assessees Was Due To The Large Volume Of Work To Be Completed By The Group In A Short Span Of Time Which Constit Utes A Reasonable Cause Within The Meaning Of Section 273 B Of The Act We Therefore Delete The Penalties U S 271 1 B Of The Act Our View Is Fortified By Several Orders Includ Ing An Order Of The Tribunal Dated 06 11 2017 In The Case Of Ano Ther Group Concern Of The Assessee Namely M M Buildcon Pvt Ltd Vs Dcit In Ita Nos 4518 To 4521 Del 2015 In Which A S Imilar Penalty Imposed U S 271 1 B Of The Act Amounting To Rs 20 000 Has Been Deleted A Copy Of Such Order Has Been Placed On Record Ita Nos 4700 To 4702 4704 4273 To 4275 Del 2015 4 4 In The Result All The Appeals Of The Assessees Are Allowed Order Pronounced In The Open Court On 14 12 2017 Sd Sd Kuldip Singh R S Syal Judicial Member Vice President Dated 14 Th December 2017 Dk Copy Forwarded To 1 Appellant 2 Respondent 3 Cit 4 Cit A 5 Dr Itat Ar Itat New Delhi