DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1 KANPUR, KANPUR vs. SHRI SHASHWAT AGARWAL, KANPUR
What did the Tribunal hold?
The Tribunal set aside the impugned order of the CIT(A) and directed it to pass a de novo order after deciding the assessee's appeal against the quantum order under section 201, and after providing a reasonable opportunity to the assessee.
What were the facts?
The assessee filed an appeal against the order of the CIT(A) which confirmed a penalty imposed under section 271C. The CIT(A) order was passed ex-parte without providing a reasonable opportunity to the assessee.
What were the issues?
Whether the CIT(A) order was passed ex-parte and without providing a reasonable opportunity to the assessee, and if so, whether a de novo order should be passed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD
Before: SHRI ANADEE NATH MISSHRA & SHRI SUBHASH MALGURIA
has been filed by the assessee for assessment year 2017-18 against impugned appellate order dated 22/07/2025 (DIN & Order No.ITBA/NFAC/S/250/2025- 26/1078771371(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].
(B) The present appeal has been filed by the assessee against the impugned appellate order dated 22/07/2025 vide which the learned CIT(A) has confirmed the penalty imposed by the Assessing Officer under section 271C of the I. T. Act.
Assessment Year:2017-18 2 (B.1) During the course of hearing before us, learned A.R. for the assessee submitted that the impugned order of learned CIT(A) was passed ex-parte qua the appellant assessee, without providing reasonable opportunity to the assessee. He also submitted that the assessee’s appeal against quantum order passed under section 201 of the I. T. Act was yet to be disposed of by learned CIT(A), whereas impugned order of learned CIT(A) in this appeal filed in ITAT pertains to penalty under section 271C of the I. T. Act. He submitted that impugned order of learned CIT(A) should be set aside with the direction to pass de novo order after assessee’s appeal against quantum order passed by the Assessing Officer is decided by learned CIT(A). The learned D.R. expressed no objection and left the matter to the discretion of the Bench.
(C) In view of the foregoing and considering the submissions of learned A.R. for the assessee, the impugned order of learned CIT(A) is set aside with the direction to pass de novo order after assessee’s appeal against quantum order passed under section 201 of I. T. Act is decided by learned CIT(A); and after providing reasonable opportunity to the assessee.
(D) In the result, the appeal of the assessee stands allowed for statistical purposes.
(Order pronounced in the open court on 09/12/2025)
More judgments on Section 271C
- Sbi, (Erstwhile Sbbj), Baran vs ITO (TDS), KotaITA 143/JPR/2026[2017-18]Status: Disposed13 Oct 2026AY 2017-18
- Jagadish Panchal, Udaipur vs Additional Commissioner of Income Tax…ITA 314/JODH/2024[2016-17]Status: Disposed29 Sept 2026AY 2016-17
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2), MumbaiITA 5318/MUM/2026[2018-19]Status: Disposed22 Sept 2026AY 2018-19
- Teampumkin Corporation, Mumbai vs Income Tax Officer (TDS)-2(3)(2) Mumbai…ITA 5281/MUM/2026[2019-20]Status: Disposed22 Sept 2026AY 2019-20
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6199/DEL/2026[2021-22]Status: Disposed21 Sept 2026AY 2021-22
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