MOHAN,KANCHEEPURAM vs. ITO,WARD-1, KANCHEEPURAM

The grievance of the assessee in captioned appeal is confirmation of penalty /s 271B for Rs.1.50 Lacs as levied by Ld. Assessing Officer vide order dated 29.09.2022. Though the assessee preferred further appeal, it failed to make any representation during appellate proceedings. Accordingly, the penalty was sustained against which the assessee is in further appeal before us.

The Ld. AR, appearing for assessee, sought another opportunity of hearing before Ld. CIT(A). The Ld. AR also undertook to substantiate its case in case another opportunity was given. The Ld. Sr. DR opposed the same. Keeping in mind the principle of natural justice, the bench deems it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication on merits after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case. 3. The appeal stand allowed for statistical purpose.