MOHAN,KANCHEEPURAM vs. ITO,WARD-1, KANCHEEPURAM
What did the Tribunal hold?
The Tribunal, in the interest of natural justice, granted the assessee another opportunity to present its case before the CIT(A). The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal before the ITAT concerned the confirmation of a penalty under Section 271B. The assessee failed to make a representation during the appellate proceedings before the CIT(A), leading to the penalty being sustained.
What were the issues?
Whether the assessee should be granted another opportunity to present its case before the CIT(A) to avoid a penalty being confirmed without proper representation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा ! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2016-17) Shri Mohan, ITO बनाम No.4, PSK Nagar Collectorate, Ward-1, / Vs. Kanchipuram-631 502. Kanchipuram. �थायीलेखासं./जीआइआरसं./PAN/GIR No. APFPM-6460-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S.P.Chidambaram(Advocate)-Ld.AR � थ�कीओरसे/Respondent by : Shri D.Hema Bhupal (JCIT)-Ld.Sr. DR सुनवाईकीतारीख/Date of Hearing : 28-11-2023 घोषणाकीतारीख /Date of Pronouncement : 28-11-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
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.
Order pronounced in open court on 28th November, 2023.
More judgments on Section 271B
- Devayatbhai Kalotara, Rajkot vs The Income Tax Officer, Ward-2, RajkotITA 679/RJT/2026[2020-21]Status: Disposed9 Oct 2026AY 2020-21
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2867/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2866/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2865/PUN/2026[2019-20]Status: Disposed9 Oct 2026AY 2019-20
- Waghire College Saswad, Pune vs ITO, Ward 14(5), PuneITA 2864/PUN/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
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