Per Shri O.P. Garg, Judicial Member - This penalty appeal has been filed by the assessee against order dated 23-9-1980 of the Commissioner.

2. The assessee is an individual. Facts are that on 24-3-1977, the assessee entered into a contract for supply of goods/services to a certain party for Rs. 1,78,205. Under the provisions of section 285A(1) of the Income-tax Act, 1961 (the Act'), the assessee was required to furnish to the ITO concerned by 23-4-1977, particulars in Form No. 52, as prescribed under rule 120 of the Income-tax Rules. The assessee failed to do so. On the other hand, he supplied to the ITO requisite information only on 6-9-1980,
i.e., after a delay of 1220 days. Under the circumstance, the Commissioner initiated against the assessee proceedings for penalty under section 285A(2). The only plea raised by the assessee before the Com- missioner was that the aforesaid contract was the first contract entered into by the assessee and that he was Dot aware of the legal requirement as to furnishing of information in prescribed pro-forma as aforesaid. The learned Commissioner took the view that unawareness of the legal provisions was not sufficient defence. The Commissione