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Non-Response To Notices: ITAT Reduces Penalty Citing Assessee’s Depression & Losses

Case Law Details

TaxGuru Citation
2025 taxguru.in 48
Case Name
Jayasakthi Knit Wear Vs ITO (ITAT Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Jayasakthi Knit Wear Vs ITO (ITAT Chennai)

In the case of Jayasakthi Knit Wear Vs ITO, the Income Tax Appellate Tribunal (ITAT) Chennai addressed an appeal against the order of the Commissioner of Income Tax (Appeals) [CIT(A)], NFAC, Delhi, for the assessment year 2016-17. The primary issue was the confirmation of a penalty of ₹40,000 levied under Section 271(1)(b) of the Income Tax Act, 1961, due to the assessee’s failure to respond to four notices issued by the Assessing Officer (AO). The assessee claimed that the non-compliance was due to severe business losses and subsequent depression, substantiated through an affidavit requesting leniency.

After reviewing the affidavit and considering the circumstances, the ITAT found merit in the assessee’s plea for relief. While the tribunal acknowledged the need to impose a penalty for non-compliance, it concluded that a reduced penalty of ₹10,000 would suffice in this case. Accordingly, the ITAT directed the CIT(A) to delete ₹30,000 from the penalty amount, confirming only ₹10,000 as payable.

This judgment underscores the tribunal’s consideration of genuine hardships faced by taxpayers in determining penalties. The ITAT’s partial relief balances the need for compliance with tax regulations while acknowledging the mitigating factors presented by the assessee. The appeal was thus partly allowed, with the final order pronounced on November 13, 2024, in Chennai.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,985

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