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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE – VIRTUAL COURT
Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI
PER BENCH : This batch of seven appeals by the assessee arises out of the separate orders passed by the CIT(A)-12, Pune on 11-0 8-2017 in relation to the assessment years 2005-06 to 2011-12 confirming the penalty imposed u/s 271(1)(b) of the Income-tax Act, 1961 (hereinafter also called `the Act’). We have clubbed these appeals for disposal as a common issue is raised in them.
The assessee, through ground no. 1, has, inter alia,
challenged the passing of the ex-parte orders by the ld. CIT(A)
without granting proper opportunity of hearing.
We have heard both the sides through virtual hearing and gone through the relevant material on record. It is seen that the ld.
CIT(A) dismissed the appeals of the assessee primarily for non-
attendance. It is further noted that the assessee remained
unrepresented before the AO also in the penalty proceedings. In view of the aforenoted facts obtaining in the extant cases and the ld. DR not raising any serious objection to the granting of opportunity of hearing to the assessee, we are of the opinion that it would be just and fair if the impugned orders are set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to dispose of the appeals afresh as per law after allowing a reasonable
opportunity of hearing to the assessee. We order accordingly.
In the result, the appeals are allowed for statistical purposes. Order pronounced in the Open Court on 26th June, 2020. (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; "दनांक Dated : 26th June, 2020 Satish आदेश क" क" क" "ितिलिप क" "ितिलिप "ितिलिप अ"ेिषत "ितिलिप अ"ेिषत अ"ेिषत/Copy of the Order is forwarded to: अ"ेिषत आदेश आदेश आदेश अपीलाथ" / The Appellant;
""यथ" / The Respondent;
The CIT(A)-12, Pune
The Pr. CIT, Central, Nagpur िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, पुणे 5. “बी” / DR ‘B’, ITAT, Pune गाड" फाईल / Guard file 6. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार //// Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
Date
Draft dictated on 26-06-2020 Sr.PS
Draft placed before author 26-06-2020 Sr.PS
Draft proposed & placed JM before the second member
Draft discussed/approved JM by Second Member.
Approved Draft comes to Sr.PS the Sr.PS/PS
Kept for pronouncement on Sr.PS
Date of uploading order Sr.PS
File sent to the Bench Clerk Sr.PS
Date on which file goes to the Head Clerk
Date on which file goes to the A.R.
Date of dispatch of Order. *