M/S. TARUN SHARMA,HOWRAH vs. ITO, WARD - 46(4), KOLKATA
What did the Tribunal hold?
The Tribunal held that the CIT(A)'s ex parte order violated principles of natural justice as the assessee was not heard. Therefore, the order was set aside and the matter was remanded for fresh adjudication.
What were the facts?
The assessee's appeal against an ex parte order of the CIT(A) for AY 2012-13 was heard. The CIT(A) had passed the order without the assessee's appearance and without proper proof of notice service.
What were the issues?
Whether an ex parte order passed by the CIT(A) without hearing the assessee and without proper proof of notice service is sustainable. Whether the penalty levied under Section 271D was adjudicated on merits.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH: KOLKATA
ORDER
Per Shri A.T.Varkey, JM
This is an appeal filed by the assessee against the order of Ld. CIT(A)-14, Kolkata dated 26.07.2018 for AY 2012-13.
The sole issue involved in this appeal of assessee is against the ex parte order of Ld. CIT(A) in respect of initiation of proceedings u/s. 271D of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) and thereafter levy of penalty u/s. 271D of the Act.
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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