Whether penalty levied on assessee sustainable on legal heirs after death of assessee?

Link of full case : https://taxlawsonline.com/agtlol.html... [2024] 115 ITR (Trib) 18 (Nagpur) Beantkaur Avtarsingh Juneja v. Income Tax Officer S.S. Godara, Member (Judicial) and G.D. Padmahshali (Accountant Member) April 25, 2024 Playlist: 271B Section 271B: Failure to get accounts audited AY: 2017-18/Assessee Question: Whether penalty levied on assessee sustainable on legal heirs after death of assessee? 1) The assessee could not furnish tax audit report u/s 44AB within the time prescribed u/s 139(1). 2) In reply to penalty notice u/s 271B, the assessee did not made any submission. 3) Inspite of various opportunities at CIT(A), the assessee failed to effectively establish the reasonable cause. 4) On further appeal to ITAT, ITAT inspite of assessee non-appearance held that: 5) Penalty proceedings are quasi criminal in nature. 6) In criminal Jurisprudence, a crime lies with a man and the legal representative of the deceased offender or criminal cannot be penalized for the offences or crimes committed by the deceased. 7) As such, penalty proceedings were different and distinct in nature from tax. 8) The taxes are the price paid for buying civilization, whereas the penalties are levied for the contumacious conduct of the wrong doer. 9) The penalty proceedings abate on the death of the assessee. 10) If the recovery of penalty is permitted against the estate of the deceased, it would clearly lead to permitting the enforcement of crime against the rights of the legal representative in the succeeded stage. 11) The penalty amount was not recoverable from the legal representative of accused as imposition of penalty was intended to penalize the accused. 12) The recovery of penalty from the legal representative would amount to punishing the legal representative. 13) Therefore, the order of the A.O. was set aside. #BeantKaur #AvtarSingh #Nagpur #ITAT #25April #2024 #Section271B #Penalty #LegalHeirs #IncomeTaxNotices #IncomeTaxCases #incometaxcasesanalysis #IncomeTaxLaw #advocateamitkumargupta #9811291390(Call only after taking time on whatsApp) #[email protected] #[email protected] Link for some important videos: 1) WHETHER TRIBUNAL CAN REMAND MATTER IN ENTIRETY WHERE DEPARTMENT DID NOT FILE CROSS APPEALS?- https://www.youtube.com/watch?v=gkqMk... 2) WHETHER ASSESSEE HAS ALSO TO CHALLENGE THE FINDINGS OF THE A.O THAT NOTICE HAS BEEN SERVED?- https://www.youtube.com/watch?v=XbZWh... 3) WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48?- https://www.youtube.com/watch?v=WuRt9... 4) WHETHER NOTICE SENT TO SECONDARY EMAIL IS VALID IF NOT SENT TO PRIMARY E-MAIL U/S 148?- https://www.youtube.com/watch?v=aAzHE... 5) WHETHER ENTRIES IN BOOKS OF ACCOUNTS CONCLUSIVE TO DETERMINE TAXABLE INCOME OF ASSESSEE?- https://www.youtube.com/watch?v=Rx8JQ...