SHRI MURLIDHAR SHARMA,JODHPUR vs. DCIT, CENTRAL CIRCLE-2, JODHPUR
What did the Tribunal hold?
The Tribunal noted that it was unclear if notices from the CIT(A) were served and that principles of natural justice require an opportunity to be heard. Therefore, the cases were set aside to the CIT(A) for fresh adjudication.
What were the facts?
A search operation led to the issuance of notices under Section 153A. The Assessing Officer levied penalty under Section 271(1)(c) for the difference between income declared under Section 139(1) and Section 153A. The CIT(A) sustained the penalty ex-parte.
What were the issues?
Whether the penalty under Section 271(1)(c) was validly sustained by the CIT(A) without proper service of notices and an opportunity of hearing to the assessees.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR
Before: SHRI N.K.SAINI & SHRI N.K. CHOUDHRY
Per N.K. SAINI, V.P. :
These appeals by the assessees are directed against the separate orders each dated 15.11.2018 of the CIT(A)-2, Udaipur.
Since the issue involved is common in these appeals which were heard together, so these are being disposed off by this common order for the sake of convenience and brevity.
The only grievance of the assessees in these appeals relate to the sustenance of penalty levied by the Assessing Officer u/s 271 (1) (c) of the Income Tax Act, 1961 [in short' the Act'].
The facts of the case in brief are that a search and seizure operation u/s 132 of the Act was carried out at the residential premises of the assessee and the family members on 15.12.2009 and 16.12.2009. During the course of search, certain incriminating documents / loose appears / books of account and various assets were found and seized. Thereafter, notices u/s 153A of the Act were issued and in response the assessees furnished the returns of income including the surrendered income. The Assessing Officer, however, made various additions in the income declared by the assessees but the additions made by the Assessing Officer were directed to be deleted by the ITAT vide order dt 26.11.2013. The Assessing Officer noted that there was difference in the total income declared by the assessee u/s 139(1) of the Act and income
declared u/s 153A of the Act. He considered the difference as concealed
income of the assessee and levied penalty u/s 271 (1) (c) of the Act.
Being aggrieved, the assessees carried the matter to the Ld. CIT(A)
who passed the impugned orders ex-parte by stating that the notices were
issued to the assessees but none attended on the dates fixed for hearing. The
Ld. CIT(A) sustained the penalty levied by the Assessing Officer. Now the
assessees are in appeals.
The Ld. counsel for the assessees submitted that the notices issued by
the CIT(A) were not served upon the assessees and no opportunity for hearing
was given, therefore, Ld. CIT(A) was not justified in sustaining the penalty
levied by the Assessing Officer u/s 271(1) (c) of the Act..
In his rival submissions, the Ld. Sr. DR supported the orders of the
authorities below.
We have considered the submissions of both the parties and perused the
material available on record. In the present case, it is noticed that the Ld.
CIT(A) in para 3 of the impugned orders has mentioned that various notices
were issued to the assessees by post, in response to which, the assessees
either failed to appear or sought the adjournments. It is also mentioned that
the last notice was issued on 2.11.2018 for hearing on 14.11.2018 but none
attended. In the present case it is not clear as to whether the notices issued
by the Ld. CIT(A) were served upon by the assessees. It is well settled that nobody should be condemned unheard as per the maxim “audi alteram partem”. We, therefore, by keeping in view the principles of natural justice, deem it appropriate to set aside these cases 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 assessees.
In the result, the appeals of the assessees are allowed for statistical purposes.
(Order Pronounced in the Court on 01.05.2019)
Sd/- Sd/- (N.K. CHOUDHRY) (N.K. SAINI) Judicial Member Vice President Dated : 01.05.2019 “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
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
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- 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
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026