THE SECRETARY,M/S.ANAVILASAM SERVICE CO-OP BANK LTD,IDUKKI vs. THE JT DIRECTOR OF T ( I & CI), KOCHI

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ITA 364/COCH/2019Status: DisposedITAT Cochin09 July 2019AY 2014-154 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the Assessing Officer passed penalty orders without hearing the assessees. Therefore, to ensure natural justice, the cases were restored to the Assessing Officer for a fresh hearing.

What were the facts?

The assessees challenged penalty orders imposed under Section 272A(2)(c) of the Income-tax Act. They argued that the penalty orders were ex parte and that they had reasonable cause for non-compliance with notices.

What were the issues?

Whether the penalty orders were validly passed without affording the assessees an opportunity of being heard, and if there was reasonable cause for non-compliance with notices.

Which sections of the Income-tax Act were involved?

Section 272A(2)(c),Section 274,Section 133(6),Section 273B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Chandra Poojari, AM & Shri George George K, JM

Hearing: 08.07.2019Pronounced: 09.07.2019

Heard together (4 matters)

ITA No.361/Coch/2019
ITA No.362/Coch/2019
ITA No.363/Coch/2019
ITA No.364/Coch/2019

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

Per Bench :

These appeals at the instance of the assessee are directed against separate orders of the CIT(A). The orders of the CIT(A) arise out of the orders passed u/s 272A(2)(c) r.w.s. 274 of the Income-tax Act, 1961.

2.

The brief facts of the case are as follow: The assessees in the above cases have challenged the imposition of penalty u/s 272A(2)(c) of the I.T.Act. At the very outset we notice that the assessees had raised a ground in all the above appeals that the orders levying penalty are ex parte orders and hence bad in law. When the assessees received notice u/s 274 of the I.T.Act show causing for why penalty should not be imposed, the assessees had sought time stating that the provisions of issuance of notice u/s 133(6) of the I.T.Act was challenged before the Hon’ble High Court and requested the Assessing Officer to await the outcome of the Hon’ble High Court’s judgment. Further, it was stated that the assessees had sought time for producing the details called for in the notice issued u/s 133(6) of the I.T.Act stating that the documents called for are voluminous. Hence it contended that there was reasonable cause as mandated u/s 273B of

ITA No.361/Coch/2019 & Ors. 3 M/s.Marayoor Service Co-op Bank Ltd & Ors. the I.T.Act for not imposing penalty u/s 272A(2)(c) of the I.T.Act.

3.

We have heard the rival submissions and perused the material on record. We find that in all the above cases, the Assessing Officer’s have passed penalty orders without hearing the assessees. Therefore, in the interest of justice and equity, as a last chance, we are of the view that the assessees should be given one more opportunity of hearing in the above cases. For the limited purpose of hearing the assessees and to comply with the principle of natural justice, we restore the above cases to the Assessing Officer. The assessees shall co- operative with the Department and shall submit before the Assessing Officer that there is reasonable cause as mandated u/s 273B for non-levy of penalty u/s 272A(2)(c) of the I.T.Act. It is ordered accordingly.

4.

In the result, the appeals filed by the assessees are allowed for statistical purposes.

Order pronounced on this 09th day of July, 2019.

Sd/- Sd/- (Chandra Poojari) (George George K.) ACCOUNTANT MEMBER JUDICIAL MEMBER

Cochin ; Dated : 09th July, 2019. Devdas*

ITA No.361/Coch/2019 & Ors. 4 M/s.Marayoor Service Co-op Bank Ltd & Ors.

Copy of the Order forwarded to : 1. The Appellants. 2. The Respondent. 3. The CIT, Kochi. 4. CIT(A)-I, Kochi. 5. DR, ITAT, Cochin 6. Guard file. BY ORDER,

(Asstt. Registrar) ITAT, Cochin

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