MANISH KUMAR MALI,BHILWARA vs. ITO, WARD-5, BHILWARA

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ITA 26/JODH/2023Status: DisposedITAT Jodhpur16 August 2023AY 2011-124 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and remitted the matter back for fresh adjudication. The assessee was granted one more opportunity to present their case, adhering to principles of natural justice.

What were the facts?

The assessee failed to file the return of income and later did not comply with notices for assessment and penalty proceedings. The Assessing Officer made additions and levied a penalty under Section 271B for failure to get accounts audited. The CIT(A) dismissed the assessee's appeal due to non-compliance.

What were the issues?

Whether the penalty under Section 271B was rightly confirmed by the CIT(A) despite the assessee not appearing and whether principles of natural justice were followed.

Which sections of the Income-tax Act were involved?

Section 271B,Section 139(1),Section 148,Section 143(2),Section 142(1),Section 69A,Section 143(3),Section 147,Section 44AB,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “DB” BENCH, JODHPUR

For Respondent: Ms. Prerana Choudhary
Hearing: 16.08.2023Pronounced: 16.08.2023

O R D E R

PER PAVAN KUMAR GADALE JM:

1.

The assessee has filed the appeal against the order of the order of the National Faceless Appeal Centre (NFAC), Delhi / CIT(A) passed u/sec 271B and 250 of the Act. The assessee has raised the following grounds of appeal:

1. On the facts and in the circumstances of the case and in law, the Hon’ble CIT(A) erred in confirming the penalty order passed by the AO under section 271B of the Act.

Manish Kumar Mali, Bhilwara. - 2 - 2. The brief facts of the case are that the assessee is engaged in the business and the assessee has not filed the return of income u/s 139(1) of the Act for the A.Y 2011-12. The AO after recording the reasons found that there is income escaping the assessment of Rs.13,85,200/- and issued notice u/s 148 of the Act. In compliance to the notice, the assessee has filed the return of income disclosing a total income of Rs.60,000/- on 31.10.2018. Subsequently the notice u/s 143(2) and 142(1) of the Act was issued. In compliance, the Ld. AR of the assessee appeared from time to time and submitted the details. Subsequently the AO also issued various notices calling for the information, whereas the AO found that the assessee has not complied with the notices and further the assessee could not disclose the source of cash deposits in the bank account and therefore the AO has made an addition U/sec69A of the Act of Rs. 14,72,754/- and assessed the total income of Rs.15,32,750/- and passed the order u/s 143(3) r.w.s147 of the Act dated 22.12.2018.

3.

Subsequently the AO has initiated penalty proceedings u/s 271B of the Act for failure to get Accounts Audited U/sec44AB of the Act. The A.O has dealt on the facts, information of the scrutiny assessment and in spite of issuing the penalty notices on various dates there is no compliances and the reasonable cause was not explained and Manish Kumar Mali, Bhilwara. - 3 - finally the AO has levied a penalty of Rs.1,50,000/- and passed the order u/s 271B of the Act. Dated 15-06-2019.

4.

Aggrieved by the penalty order, the assessee has filed an appeal before the CIT(A). Whereas the CIT(A) has considered the grounds of appeal, and the findings the AO. Since there is no compliance to the notices issued. Finally CIT(A) has dismissed the assessee appeal. Aggrieved by the order of the CIT(A), the assessee has filed an appeal before the Hon’ble Tribunal.

5. At the time of hearing ,none appeared on behalf of the assessee and the Ld. DR supported the order of the CIT(A).

6.

We heard the Ld.DR submissions and perused the material on record. Prima-facie the CIT(A) has passed the order considering the fact that there is no appearance in spite of providing adequate opportunity of hearing and the notices were issued. Therefore, the CIT(A) was of the opinion that the assessee is not interested in prosecuting the appeal and dismissed the appeal ex-parte confirming the action of the levy of penalty by the assessing officer. The Ld. CIT(A) has issued the notices of hearing referred at Page 2 Para 5 of the order, but there was no response and thus the Ld.CIT(A) came to a conclusion that the assessee is not interested and Manish Kumar Mali, Bhilwara. - 4 - decided the appeal based on the information available on record. Whereas the assessee has raised grounds of appeal challenging the levy of penalty by the A.O and there could be various reasons for non appearance which cannot be overruled. Therefore, considering the principles of natural justice shall provide one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, set aside the order of the CIT(A) and remit the entire disputed issues to the file of the CIT(A) to adjudicate afresh and the assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of the appeal. And the grounds of appeal of the assessee are allowed for statistical purposes.

7.

In the result, the appeal filed by assessee is allowed for statistical purposes.

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