HOTEL CHANKAYA PVT. LTD.,PATNA vs. DCIT, CIRCLE-2, PATNA

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ITA 609/PAT/2024Status: DisposedITAT Patna07 November 2024AY 2011-124 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the appeal order was passed ex-parte and the assessee was denied a reasonable opportunity of hearing. Therefore, the matter was remanded to the CIT(A) for fresh adjudication.

What were the facts?

The assessee filed stay applications against penalty orders under Section 271D for AY 2011-12 and 2012-13. The assessee contended that the penalty orders were passed ex-parte by the CIT(A) without considering their submissions, denying a reasonable opportunity of hearing.

What were the issues?

Whether the penalty orders under Section 271D were passed without affording a reasonable opportunity of hearing to the assessee, and if the matter should be remanded for de novo adjudication.

Which sections of the Income-tax Act were involved?

Section 271D,Section 269SS,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

Before: SHRI RAJESH KUMAR & SHRI ANIKESH BANERJEE

For Appellant: Shri A.K. Rastogi &, Shri Rakesh Kumar, ARs
For Respondent: Shri Ajay Kr. Shukla, DR
Hearing: 06.11.2024Pronounced: 07.11.2024

Heard together (4 matters)

SA No. 12/PAT/2024
ITA No.609/PAT/2024
SA No. 13/PAT/2024
ITA No.610/PAT/2024

Read from the judgment's own cause title. This page is filed under one of them.

आदेश/O R D E R

PER ANIKESH BANERJEE, JUDICIAL MEMBER:

1.

In the instant stay application was filed by the assessee against the penalty order passed u/s 271D of the Income-tax Act, 1961 (the Act) by the Addl. Commissioner of Income-tax, Range-2, Patna, vide order dated 19.7.2019 and 24.01.2022 for A.Y. 2011-12 and 2012-13, respectively. The impugned penalty order was challenged by the assessee before the ld. National Faceless Appeal Centre, Delhi [in brevity ‘the learned CIT (A)’], order passed under Section 250 of the Income-tax Act, 1961 (in brevity, ‘the Act’) for A.Ys. 2011-12 and 2012-13, date of orders for both the appeals 19.09.2024.

2.

The ld. Authorised Representative (in short the AR) proceeded to argue the application for stay before the Bench. The ld. AR first argued the merit of the case and placed that the penalty was initiated u/s 271D of the Act for contravention of Section 269SS of the Act. The penalty was levied amounting to ₹20,00,500/- and 13,00,000/- for A.Y. 2011-12 and 2012-13, respectively. The ld. AR further stated that the appeal order was passed ex-parte and assessee was unable to comply before the ld. CIT (A) during the appeal hearing. He further stated that the assessee is prayed to restore the matter back to the file of the ld. CIT (A) for further adjudication, de novo.

3.

The ld. DR vehemently argued and had not made any objection against the prayer of the ld. AR.

5.

In the result, the appeals of the assessee bearing & 610/PAT/2024 are allowed for statistical purpose.

6.

On the other hand, both the stay petition bearing SA Nos. 12 &13/Pat/2024, are dismissed as infructuous.

Order pronounced in the Court on 7th November, 2024 at Kolkata.

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