VINOD KUMAR GARG,DELHI vs. ITO, WARD- 36(5), NEW DELHI
What did the Tribunal hold?
The Tribunal restored the issue to the file of the CIT(A) for a decision on merits. The assessee was directed to attend the proceedings and defend their case, with the CIT(A) to provide a reasonable opportunity of being heard.
What were the facts?
The assessee's appeal was dismissed in limine by the CIT(A) for non-appearance. The Assessing Officer had levied a penalty under Section 271(1)(b) for non-compliance with a notice under Section 142(1).
What were the issues?
Whether the CIT(A) erred in dismissing the appeal in limine without considering the merits of the case due to the assessee's non-appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI ‘F’ BENCH,
Before: SHRI BHAVNESH SAINI & SHRI N.K. BILLAIYA,
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the assessee is preferred against the order of the CIT(A)-12, New Delhi, dated 30.10.2017, pertaining to Assessment Year 2014-15.
The short grievance is that the CIT(A) erred in dismissing the appeal in limine. 3. We have carefully considered the orders of authorities below. The AO has levied penalty of Rs.10,000/- u/s 271(1)(b) of the Income Tax Act, 1961 for non-compliance of the notice u/s 142(1) of the Act.
Before the CIT(A), no authorized representative was appeared and the CIT(A) confirmed the penalty in limine.
In the interest of justice and fair play, we restore this issue to the file CIT(A). The assessee is directed to attend the proceedings before the CIT(A) and defend his case. The CIT(A) is also directed to decide the appeal on merit after giving a reasonable opportunity of being heard to the assessee. 6. In the result, appeal of the assessee is allowed for statistical purposes only. Decision announced in the open court in the presence of representatives of both the sides on 04/03/2021.
More judgments on Section 271(1)(b)
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1195/SRT/2025[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1194/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1193/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Laxmi Narain Kesarwani, Delhi vs DCIT, Central Circle-20, New DelhiITA 4432/DEL/2026[2020-21]Status: Disposed1 Oct 2026AY 2020-21
- Laxminarain Kesarwani, Delhi vs DCIT, Central Circel-20, New DelhiITA 4431/DEL/2026[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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