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Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI
Before: SHRI BHAVNESH SAINI
ORDER This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Karnal Dated 08.02.2018, for the A.Y. 2006-2007, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961.
I have heard the Director of the Assessee-Company and the Ld. D.R.
The Ld. CIT(A) without giving any reasons for decision in the appellate order, confirmed the levy of penalty and dismissed the appeal of assessee-company. Thus, there is a violation of Section 250 (6) of the I.T. Act because no reasons 2 ITA.No.2046/Del./2018 M/s. Raman Textiles Pvt. Ltd., Panipat. for decision have been given in the appellate order. The Director of the assessee-company also submitted that quantum matter have been set aside in the matter. In this view of the matter, I set aside the impugned Order and restore the appeal of assessee-company to the file of Ld. CIT(A) with a direction to re-decide the appeal of assessee-company according to Law, by giving reasonable, sufficient opportunity of being heard to the assessee-company. The Ld. CIT(A) shall pass Order giving reasons for decision in the appellate order as per law.
In the result, appeal of Assessee is allowed for statistical purposes. Order pronounced in the open Court.