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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
AadoSa / O R D E R महावीर स िंह, न्याययक दस्य/ PER MAHAVIR SINGH, JM:
This appeal filed by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-3, Mumbai [in short CIT(A)], Appeal No. 402-THN/2015-16 vide order dated 20.09.2017. The ITAs No. 6758/Mum/2017 Assessment was framed by the Dy. Commissioner of Income Tax, Circle- 4, Thane (in short ‘ACIT/ITO/ AO’) for the A.Y. 2013-14 vide order dated 04.03.2016 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’).
The only issue in this appeal of assessee is against the order of CIT(A) confirming the action of the AO in levying the penalty under section 271(1)(b) of the Act amounting to ₹ 10,000/-. For this assessee contested that reasonable opportunity of being heard was not allowed to the assessee and order is passed by CIT(A) in violation of Principles of Natural Justice. For this assessee has raised the following ground No. 1: -
1. The learned Assessing Officer has erred in levy penalty of ₹ 10,000 under section 271(1)(b) of the IT Act, 1961 whereas the appellant has not been given reasonable opportunity of being hard and reasonable time for fulfillment of such requirement. Hence the appellant prays your honour to kindly wave off this penalty and due justice be given to him."