Case Law Details
Agrasar Education Ltd. Vs ITO (ITAT Delhi)
The case of Agrasar Education Ltd. Vs ITO, presided over by the Income Tax Appellate Tribunal (ITAT) Delhi, revolves around the appeal against a penalty imposed under section 272A(1)(d) of the Income Tax Act, 1961. The primary issue at hand is whether the appellant complied with a statutory notice under section 142(1) of the Act, and consequently, the legitimacy of the penalty.
In the course of assessment proceedings, the Assessing Officer (AO) issued a notice to the appellant under section 142(1) of the Act. According to the AO, the appellant did not comply with the notice, which led to the levy of a penalty under section 272A(1)(d) of the Act.
However, the appellant countered this claim, presenting evidence that they sought an adjournment through the income tax portal due to their authorized representative being preoccupied with the filing of tax audit returns. They further claimed to have furnished all the required details in due time on the portal.
In light of this evidence, the ITAT Delhi held that the appellant had complied with the statutory notice by seeking an adjournment and later providing the necessary details. This discrepancy in the interpretation of the appellant’s actions underscores the importance of clear communication and accurate record-keeping in such proceedings.
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