M/S.GEETHAM STEELS PVT. LTD.,,NAMAKKAL vs. ACIT, NAMAKKAL

At the outset, the Ld. A.R has submitted that huge penalty of Rs. 1,34,51,036/- has been confirmed by the Ld. CIT(A) ex-parte and therefore, one more opportunity may be granted to the assessee.

The Ld. Departmental Representative has relied on the orders of the authorities below.

We have heard both the parties and gone through the orders of the authorities below. On perusal of the order of the Ld. CIT(A), we find that the order has been passed by Ld. CIT(A) ex-parte for the non- compliance of the assessee. We are of the opinion that keeping in view the principles of natural justice, the assessee be provided with another opportunity of hearing to substantiate his case before the Ld. CIT(A). Accordingly, we set aside the order passed by the Ld. CIT(A) and remit the matter back to the file of the Ld. CIT(A) to adjudicate this appeal afresh in accordance with law, after giving reasonable opportunity to the assessee. We also direct the Assessee to appear before the Ld. CIT(A) on the date of hearing without fail. In view of the above, the appeal filed by the assessee is allowed for statistical purposes. :- 3 -:

In the result, the appeal filed by the assessee is allowed for statistical purposes.