SHRIRAMJI AGENCIES PVT LTD,NEW DELHI vs. DCIT CIRCLE-23(1), NEW DELHI
What did the Tribunal hold?
The Tribunal restored the issue to the CIT(A) to grant one final opportunity to the assessee to present its case. The CIT(A) was directed to decide the penalty issue afresh after considering the assessee's submissions and the relevant facts and law.
What were the facts?
The assessee company, engaged in mobile phone trading, filed a return declaring a loss. The AO made additions for disallowed expenses and bogus purchases, and subsequently levied a penalty under Section 271(1)(c). The CIT(A) sustained the penalty ex parte due to the assessee's non-appearance.
What were the issues?
Whether the penalty levied under Section 271(1)(c) was validly sustained when the assessee was not granted adequate opportunity of hearing by the CIT(A) and the penalty notice was vague.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC-1”: NEW DELHI
Before: SHRI R.K. PANDA
This appeal filed by the assessee is directed against the ex parte order dated 14th June, 2019 of the Ld. CIT(A)-8 New Delhi relating to assessment year 2015-16.
The assessee in the grounds of appeal has challenged the order of the Ld. CIT(A) in confirming the penalty of Rs. 2,36,632/- levied by the AO u/s 271(1)(c) of the I.T. Act.
The facts of the case, in brief, are that the assessee is a company engaged in the business of trading in mobile phones. It filed its return of income on 30th September, 2015 declaring loss of Rs. 54,30,792/-. The AO completed the assessment u/s 143(3) of the I.T. Act on 20th December, 2017 determining the total loss at Rs. 45,68,580/- wherein he made addition of Rs. 96,407/- on account of disallowance of expenses and Rs.7,65,800/- on account of bogus purchases. The assessee did not file any appeal against the additions made by the AO. Subsequently the AO initiated penalty proceedings u/s 271(1)(c) of the Act. Rejecting the various explanations given by the assessee and relying on various decisions, the AO levied penalty of Rs. 2,36,632/- being 100% of the tax sought to be evaded.
Since the assessee did not appear before the Ld. CIT(A) despite number of opportunities granted, Ld. CIT(A) in the ex parte order passed by him sustained the penalty levied by the AO. 2 4.1 Aggrieved with such order of the Ld. CIT(A), the assesee is in appeal before the Tribunal.
I have heard the rival arguments made by both the sides and perused the record. It is an admitted fact that due to non appearance of the assessee before him, the Ld. CIT(A) in the ex parte order passed by him has sustained the penalty levied by the AO u/s 271(1)(c) of the I.T. Act. It is the submission of the Ld. Counsel for the assesee that due opportunity of hearing was not granted by the Ld. CIT(A). It is also his submission that the penalty notice issued by the AO does not specify the limb under which the penalty has been levied. Since the assessee did not appear before the Ld. CIT(A) for which the Ld. CIT(A) was constrained to pass the ex parte order, therefore, considering the totality of the facts of the case and in the interest of justice I deem it proper to restore the issue to the file of the Ld. CIT(A) with a direction to grant one final opportunity to the assessee to substantiate its case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the Ld. CIT(A) without seeking any adjournment under any pretext failing which the Ld. CIT(A) is at liberty to pass appropriate order as per law. Grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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