Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHIBENCH ‘E’, NEW DELHI
Before: Dr. B. R. R. KumarSh. Yogesh Kumar US
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of ld. CIT(A)-37, New Delhi dated 16.07.2019.
Following grounds have been raised by the assessee:
“1. Under the facts and circumstances of the case, the appellate order passed by the ld. CIT(A) is illegal being against the principles of natural justice and against the provisions of IT Act, 1961.
2. That on the facts and circumstances of the case, the ld. CIT(A) is erred in imposing a penalty of Rs.14,50,000/- under section 271D by invoking section 269SS of the Income Tax Act, 1961 without giving any proper opportunity of being heard.
3. The ld. CIT(A) is erred in imposing a penalty of Rs.14,50,000/- under section 271D by invoking Section 2 Maya Developers & Infrastructure Pvt. Ltd. 269SS of the Income Tax Act, 1961 without considering the various judgments quoted by the appellant.”
The adjournment application has been rejected.
We have gone through the grounds taken up by the assessee. At ground No. 1, the assessee pleaded that the principals of natural justice have not been strictly followed. At ground No. 2, the assessee pleaded that the order has been passed without giving any proper opportunity of being heard and at ground No.3, the assessee pleaded that the judgments quoted have not been considered. Hence, as not prejudice would be caused to any of the parties and in the interest of justice, the matter is being remanded back to the file of the ld. CIT(A) for adjudicating de novo.
In the result, the appeal of the assessee is allowed for statistical purpose. Order Pronounced in the Open Court on 05/01/2023.