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Income Tax Appellate Tribunal, JAIPUR BENCHES ‘B’ JAIPUR
Before: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 1315/JP/2019
आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES ‘B’ JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 1315/JP/2019 fu/kZkj.k o"kZ@Assessment Year :2007-08 cuke Shri Deepak Bansal, The ITO, Vs. 2/76, Housing Board Colony, Ward 2, Madanganj, Kishangarh Kishangarh LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AIMPB1646H vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None jktLo dh vksj ls@ Revenue by : Ms. Chanchal Meena (Addl. CIT) lquokbZ dh rkjh[k@ Date of Hearing : 13/07/2020 mn?kks"k.kk dh rkjh[k@Date of Pronouncement : 13/07/2020 vkns'k@ ORDER PER: VIKRAM SINGH YADAV, A.M.
This is an appeal filed by the assessee against the order of ld. CIT(A), Ajmer dated 08.07.2019 confirming the levy of penalty u/s 271(1)(c) of the Act.
The hearing of the matter was scheduled through Video Conferencing in view of ongoing COVID-19 pandemic situation in the country. None appeared on behalf of the assessee nor any adjournment application was received. The ld. DR is heard who has drawn our reference to the order of ld. CIT(A) and submitted that ample opportunity has been provided to the assessee. However, there is no affective compliance to the notices issued by the ld. CIT(A) and the matter has accordingly been decided by the ld CIT(A) confirming the levy of penalty u/s 271 (1)(c) of the Act. 2 Sh. Deepak Bansal, Kishangarh Vs. ITO, Kishangarh 3. The ld. DR is heard and pursued the material available on record. We find that the matter has been listed for hearing before the ld. CIT(A) on couple occasions and has been adjourned from time to time and thereafter, the matter has been decided ex parte by the ld. CIT(A). However, in the interest of justice and fair play and given that the matter has not been decided on merit, we believe that the assessee deserves one more opportunity to represent his case before the ld. CIT(A). The matter is accordingly set aside to the file of ld. CIT(A) who shall decide the same afresh after providing reasonable opportunity to the assessee.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 13/07/2020.