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Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad
Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony
O R D E R PER Smt. P. Madhavi Devi, J.M. This is assessee’s appeal against the order of CIT(A)-3, Hyderabad dated 09.05.2019 confirming the penalty levied by the A.O. u/s 271(1)(b) of the Income Tax Act, 1961 (the Act for short).
Ld.Counsel for assessee submitted that A.O. had also levied penalty u/s 271(1)(c) and that the assessee’s appeals on appeal against the quantum addition made by the A.O. and the 271(1)(c )penalty appeals have been set aside to the file of A.O. by this Tribunal. He therefore prayed that this appeal also may be remitted to the file of A.O.
Ld.DR however submitted that this is an appeal against the penalty levied u/s 271(1)(b) of the Act for non-compliance of notices and therefore the outcome of assessment order which has been set aside will have no effect on this appeal.
ITA 1153/Hyd/2019 AY 2010-11 Rajendra Oruganti 4. Having regard to the rival contentions, we find that the order u/s 271(1)(b) has been passed ex parte the assessee since assessee did not appear and furnish his explanation and the CIT(A)’s order also is ex parte the assessee.
4.1. Therefore, in the interest of justice, we deem it fit and proper to remand this issue also to the file of AO with a direction to the assessee to furnish his explanation for non-compliance before the AO and thereafter, AO shall reconsider the issue in accordance with law.
In the result, the appeal is treated as allowed for statistical purposes.
Pronounced on 08th January, 2021.