SHANKAR TWINE PRODUCTS PVT. LTD.,DELHI vs. DCIT, NEW DELHI

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ITA 1605/DEL/2017Status: DisposedITAT Delhi24 March 2021AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) with a direction to grant a final opportunity to the assessee to present its case. This was done to ensure justice, considering the assessee's repeated non-appearance and the CIT(A)'s ex-parte decision.

What were the facts?

The assessee company's assessment for AY 2012-13 resulted in a disallowed claim of loss on sale of machinery. The AO initiated penalty proceedings under Section 271(1)(c) for furnishing inaccurate particulars of income. The CIT(A) upheld the penalty in an ex-parte order as the assessee failed to appear.

What were the issues?

Whether the CIT(A) was justified in passing an ex-parte order and upholding the penalty without hearing the assessee. Whether there was sufficient cause for the assessee's non-appearance.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘G’: NEW DELHI

Before: SHRI R.K. PANDA & SHRI SUDHANSHU SRIVASTAVA

Hearing: 24.03.2021Pronounced: 24.03.2021

per fact and law subject to payment of Rs.500/- cost by the assessee. The grounds raised by the assessee are accordingly allowed for statistical purpose.

7.

In the result, the appeal filed by the assessee is allowed for statistical purpose.

Oder pronounced in the open court at the time of hearing itself i.e. on 24.03.2021.

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