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Facts
The assessee was aggrieved by the confirmation of penalty under Section 271B for Rs. 1.50 Lacs. The assessee had failed to provide any explanation during appellate proceedings, leading to the confirmation of the penalty.
Held
While noting the assessee's negligence, the tribunal, in the interest of natural justice, decided to grant another opportunity for hearing. The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.
Key Issues
Whether the assessee should be granted another opportunity to present their case, despite previous negligence, in the interest of natural justice.
Sections Cited
271B
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Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of penalty u/s 271B for Rs.1.50 Lacs vide impugned order dated 26-07-2024, the assessee is in further appeal before us. Upon perusal of the para 5.2 of impugned order, it could be seen that the assessee has failed to file any explanation during the course of appellate proceedings. Accordingly, the penalty was confirmed. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR.
Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to provide another opportunity of hearing to the assessee to substantiate its case. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes.
Order pronounced on 3rd December, 2024. (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) "ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated : 03-12-2024 DS आदेशकीGितिलिपअ"ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयु</CIT Salem. 4. िवभागीय"ितिनिध/DR 5. गाडAफाईल/GF