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Income Tax Appellate Tribunal, JODHPUR BENCH (SMC
Before: SHRI N.K. SAINI
This is an appeal by the assessee against the order dated 24.05.2018 of Ld. Commissioner of Income Tax (Appeals), Ajmer.
The only grievance of the assessee in this appeal relates to the sustenance of penalty amounting to Rs. 18,500/- levied by the Assessing Officer u/s 271 (1) c) of the Act .
During the course of hearing, nobody was present on behalf of the
assessee neither any adjournment was sought. I, therefore, proceeded ex-
parte qua the assessee.
Facts of the case in brief are that the assessee filed the return of
income on 27.9.2012 declaring an income of Rs. 2,60,250/- . However, the
Assessing Officer assessed the income at Rs. 7,99,810/- vide order dated
19.3.2015 u/s 143(3) of the Income Tax Act, 1961 (in short 'the Act'). The
additions were made on account of difference in the return filed in Form No.
26AS and the amount as shown in the books of account. The Assessing
Officer also levied the penalty u/s 271 (1) (c) of the Act on the income less
declared by Rs. 59,262/-Accordingly, the penalty of Rs. 18,500/- was levied.
Being aggrieved, the assessee carried the matter to the Ld. CIT(A) who
decided the appeal ex-parte by observing in para 3 of the impugned order as
under:-
"During the course of appellate proceedings, the appellant has filed written submissions in "dak". After going through he written submissions field during the course of appellate proceedings and the order of the Assessing Officer, the appeal is decided as under".
Now the assessee is in appeal.
The Ld. Sr. DR strongly supported the orders of the authorities below.
I have considered the submissions of the Ld. Sr. DR and perused the
material available on record.
In the present case is it noticed that the Ld. CIT(A) nowhere mentioned that the notice for hearing was issued and served upon the assessee. It is well settled that nobody should be condemned unheard as per the maxim “audi alteram partem”. I, therefore, by keeping in view the principles of natural justice, deem it appropriate to set aside this case back to the file of the ld. CIT(A) to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
(Order Pronounced in the Court on 07.05.2019)
Sd/- (N.K. SAINI) Vice President Dated : 07.05.2019 “आर.के.” आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकरआयु�त/ CIT 4. आयकरआयु�त (अपील)/ The CIT(A) 5. �वभागीय��त�न�ध, आयकरअपील!यआ�धकरण, च$डीगढ़/ DR, ITAT, Jodhpur 6. गाड'फाईल/ Guard File
आदेशानुसार/ By order सहायकपंजीकार/ Assistant Registrar