SHRI DEEPAK BANSAL,MADANGANJ -KISHANGARH vs. ITO, WARD-2, KISHANGARH

PDF · subscribers
ITA 1315/JPR/2019Status: DisposedITAT Jaipur13 July 2020AY 2007-082 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, in the interest of justice, set aside the ex-parte order of the CIT(A) and remanded the matter back for fresh adjudication. The assessee is to be given one more opportunity to present their case.

What were the facts?

The assessee filed an appeal against the penalty levied under Section 271(1)(c) of the Income Tax Act. The assessee did not appear before the CIT(A) despite opportunities, leading to an ex-parte decision.

What were the issues?

Whether the penalty under Section 271(1)(c) was rightly confirmed without a proper hearing on merits. Whether the assessee deserves another opportunity to present their case before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Hearing: 13/07/2020Pronounced: 13/07/2020

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.

2.

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.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →