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Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI RAVISH SOOD, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. At the time of hearing of these appeals, none appeared for assessee. The Ld. DR pleaded for dismissal of appeals by pointing out that the assessee failed to appear before first appellate authority also. In these appeal, the assessee is contesting confirmation of penalty u/s 271(1)(c) which has been levied by Ld.AO against certain additions of alleged bogus purchases. From the impugned orders, it is evident that despite notices, the assessee has failed to attend appellate proceedings and consequently, the penalty has been confirmed by learned first appellate authority.
Although we concur with Ld. DR’s submissions that the assessee remained negligent, however, keeping in view the principle of natural justice, the bench deems it fit to provide another opportunity to the assessee to substantiate its case before learned first appellate authority. Therefore, impugned orders are set-aside and the matter, for both the years, is restored back to the file of Ld. CIT(A) for re-adjudication after providing another opportunity of hearing to the assessee. The assessee, in turn, is directed to substantiate its claim failing which Ld. CIT(A) shall be at liberty to proceed with adjudication on the basis of material on record.
Both the appeals stands allowed for statistical purpose. Order pronounced on 5th April, 2021.