Surinder Bhandari vs. ITO, Ward 2(3) Ghaziabad

Parties Involved

Facts Summary

The assessee made cash deposits of Rs. 1,07,20,000/- during F.Y. 2010-11 relevant to A.Y. 2011-12. A notice under section 148 of the Income Tax Act, 1961 was issued on 27.03.2018. The assessee did not file an ITR for A.Y. 2011-12. The assessment was completed under section 144 on 27.12.2018 with a total addition of Rs. 1,07,20,000/-. Penalty proceedings under section 271B were initiated as the assessee failed to get his accounts audited and did not submit the report of CA during the assessment proceedings. A show cause notice under section 271B was issued on 27.12.2018, but the assessee did not appear or submit a written reply. Another show cause notice was issued on 07.05.2019, but the assessee did not file any written submission. The AO imposed a penalty of Rs. 1,50,000/- under section 271B. The Ld. CIT(A) confirmed the AO's action as no submission was made by the assessee.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in law in confirming the penalty of Rs. 1,50,000/- imposed on the assessee?

Judgment Outcome

Decided in favour of Assessee.

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