To

Income Tax Officer, Ward-3(1), Srinagar.

Subject : - Penalty proceedings under section 271A of the Income Tax Act., 1961 for the assessment year 2010-11 in the case of M/s J K Public School, Humhama, Budgam-matter regarding.

Sir,

This is regarding the captioned subject. In this regard it is submitted that the penalty u/s 271A in the case of above mentioned assessee can not be levied. This contention of ours is based on the following facts: 1. The AO in his assessment order dated 01/03/2013 under para 4 mentions that no books of accounts were produced by the assessee. This does not mean that the assessee has not maintained books of accounts for the year under reference. Further, kindly refer our reply dated 12/11/2012. On this date books of accounts along with other desired information/documents were produced. If asked for, the books of accounts maintained by the assessee can be produced afresh. 2. The auditors of the trust have audited the books of accounts and audit report along with other financial statements was provided during the assessment proceedings. The auditor clearly mentions in his audit report that the trust has maintained and produced proper books of accounts during the audit process (Copy of audit report enclosed). So, based on the above mentioned facts it is evident that the penalty u/s 271A can not be levied. Thanking You For M/s J K Public School CA S A Mir (Counsel)

To

Income Tax Officer, Ward-3(1), Srinagar.

Subject : - Penalty proceedings under section 271(1)(b) of the Income Tax Act., 1961 for the assessment year 2010-11 in the case of M/s J K Public School, Humhama, Budgam-matter regarding.

Sir, This is in response to your notice u/s 271(1)(b) dated 02/09/2013. In this regard it is submitted that we have replied to all most all the notices issued during the assessment proceedings for the above mentioned assessment year. However, there were also one or two non-compliances. Such noncompliances were with genuine reasons. Synopsys of the notices served upon the assessee during the assessment proceedings is given as under: S. No. Nature of Notice 01. Notice u/s 143(2) 02. 03. 04. Notice u/s 143(1) Notice u/s 142(1) Notice u/s 142(1) Date of Hearing 14/10/2011 12/11/2012 12/12/2012 14/01/2013 Remarks Attended (refer para 2 of the Assessment order) -doWhole Kashmir was under Curfew like situation. There was a heavy snowfall on the day before the date of hearing.

So, keeping in view the above mentioned facts of the case it is clear that there were no deliberate noncompliance of the notices. It is requested that the penalty proceedings u/s 271(1)(b) initiated against the assessee may be dropped. Thanking You For M/s J K Public School

CA S A Mir (Counsel)