ISRAR MONUDDIN KHAN,PALGHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 4, THANE
What did the Tribunal hold?
The Tribunal found that the CIT(A) had not adjudicated the issue on merits and merely confirmed the penalty due to the assessee's non-cooperation. Therefore, the Tribunal remanded the issue back to the CIT(A) for adjudication on merits after providing a reasonable opportunity to the assessee.
What were the facts?
The assessee's appeal was against the CIT(A) order confirming a penalty of ₹10,000 levied under Section 271(1)(b) of the Income Tax Act. The assessee contended that they were not given a reasonable opportunity of being heard.
What were the issues?
Whether the penalty under Section 271(1)(b) was rightly levied without affording a reasonable opportunity of being heard to the assessee, violating principles of natural justice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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."
More judgments on Section 271(1)(b)
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1195/SRT/2025[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1194/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Navanitbhai Gordhanbhai Bhuva, Surat vs ITO, Ward 3(3)(1), SuratITA 1193/SRT/2025[2014-15]Status: Disposed1 Oct 2026AY 2014-15
- Laxmi Narain Kesarwani, Delhi vs DCIT, Central Circle-20, New DelhiITA 4432/DEL/2026[2020-21]Status: Disposed1 Oct 2026AY 2020-21
- Laxminarain Kesarwani, Delhi vs DCIT, Central Circel-20, New DelhiITA 4431/DEL/2026[2019-20]Status: Disposed1 Oct 2026AY 2019-20
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