Income Tax Appellate Tribunal - Mumbai
Shree Halari Visa Oswal Samaj Trust, ... vs Asst. Dit (Exempt) - Ii, Mumbai on 11 August, 2017
ITA No 5316/Mum/2016 Shree Halari Visa Oswal Samaj Trust Assessment Year 2011-12 आयकर अपीलीय अिधकरण "बी"
ायपीठ मुं बई म ।
IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH, MUMBAI ी डी.टी. गरािसया, ाियक सद एवं ी मनोज कुमार अ वाल, लेखा सद के सम ।
BEFORE SHRI D.T. GARASIA, JM AND SHRI MANOJ KUMAR AGGARWAL, AM आयकर अपील सं./I.T.A. No.5316/Mum/2016 (िनधा रण वष / Assessment Year: 2011-12) Shree Halari Visa Oswal Assistant Director of Samaj Trust Income Tax (Exempt)-II 118/112 बनाम/ Mumbai Dadasaheb Phalke Road Vs. Dadar Mumbai - 400 014 थायी ले खा सं . /जीआइआर सं . /PAN/GIR No. AAATH-2454-H (अ पीलाथ# /Appellant) : ($%थ# / Respondent) Assessee by : None Revenue by : T.A.Khan, Ld. DR सुनवाई की तारीख / : 09/08/2017 Date of Hearing घोषणा की तारीख / : 11/08/2017 Date of Pronouncement आदे श / O R D E R Per Manoj Kumar Aggarwal (Accountant Member)
1. The captioned appeal by Assessee for Assessment Year [AY] 2011-12 assails the order of Ld. Commissioner of Income Tax (Appeals)-1 [CIT(A)], Mumbai dated 14/07/2016 qua confirmation of penalty u/s 272A(2)(e) of the Income Tax Act, 1961 for late filing of 2 ITA No 5316/Mum/2016 Shree Halari Visa Oswal Samaj Trust Assessment Year 2011-12 return of income. None has appeared on behalf of assessee and hence, left with no option, we proceed to decide the same on the basis of material available on record and after hearing Ld. Departmental Representative.
2. Facts leading to the same are that the return for impugned AY was filed by the Assessee Trust on 04/07/2012 as against due date i.e. 30/09/2011 resulting into delay of 278 days. Resultantly, penalty proceedings u/s 272A was initiated in the quantum assessment u/s 143(3) and show-cause notices were issued to the assessee. The assessee attributed the delay to adverse medical condition being faced by the Trustee as well as Accountant of the assessee. However, not convinced, an amount of Rs.27,800/- has been imposed on the assessee as penalty u/s 272A(2)(e) by Ld. AO vide order dated 22/09/2014 which, upon appeal, has been confirmed by Ld. CIT(A) by making following observation:-
5.2 I have considered the facts and circumstances of the case, gone through the penalty order of the A.O and the submissions of the appellant and also discussed the case with the AR of the appellant. The contentions and submissions of the appellant are being discussed and decided here in under:
i. In this case the due date of filing of return was 30.09.2011. However the return of income was filed on 4.07.2012 i.e. after a delay of 278 days. Explaining the delay appellant submitted that same occurred on account of sickness of Mr. Chandulal Jeshang Sumaria, Trustee from 5.09.2011 to 10.10.2011. Further, it was stated that thereafter Shri Navin Bhansali, Accountant fell ill from 27.03.2012 to 30.06.2012. It was stated that since there was reasonable cause as above, penalty should be deleted.
ii. After careful consideration of the explanation offered, I find that even going by the facts placed on record by the appellant as above, during the period 11.10.2011 to 26.03.2012 there was no difficulty on its part to file return. However during these 5 months there was no action taken by the appellant which shows carelessness on its part. In the case of Ornet Properties vs. ITO (312 ITR 193] and CIT vs. Reliance Capital Ltd (322 ITR 252], it was held by Hon'ble Bombay High Court that those who sleep over their rights for 3 ITA No 5316/Mum/2016 Shree Halari Visa Oswal Samaj Trust Assessment Year 2011-12 a prolonged period cannot claim equity in justice. Accordingly in my opinion there was no reasonable cause and hence, penalty imposed by A.O u/s. 272A(2)(e) Is upheld.
6. Appeal is dismissed.
Aggrieved, the assessee is in appeal before us.
3. The Ld. DR drew our attention to the statutory provisions as contained in Section 272A(2)(e) and contended that the conduct of the assessee justifies the imposition of penalty particularly when no plausible explanation could be furnished by him to explain the delay in filing the return of income.
4. We have heard the contentions and perused material available on record. We concur with the stand of revenue since the assessee was required to explain the delay in filing return of income with plausible explanation. Since, he has failed to do so, our interference is not required and therefore, we confirm the findings of Ld. CIT(A).
5. Resultantly, the assessee's appeal stands dismissed.
Order pronounced in the open court on 11th August, 2017.
Sd/- Sd/-
(D.T. Garasia) (Manoj Kumar Aggarwal)
ाियक सद / Judicial Member लेखा सद / Accountant Member मुंबई Mumbai; िदनां क Dated : 11. 08.2017 Sr.PS:- Thirumalesh 4 ITA No 5316/Mum/2016 Shree Halari Visa Oswal Samaj Trust Assessment Year 2011-12 आदे श की ितिलिप अ !ेिषत/Copy of the Order forwarded to :
1. अपीलाथ# / The Appellant
2. $%थ# / The Respondent
3. आयकर आयु,(अपील) / The CIT(A)
4. आयकर आयु, / CIT - concerned
5. िवभागीय $ितिनिध, आयकर अपीलीय अिधकरण, मुंबई / DR, ITAT, Mumbai
6. गाड/ फाईल / Guard File आदे शानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, मुंबई / ITAT, Mumbai