V.K. MAHESWARI,DINDIGAL vs. ACIT NON CORP RANGE 2, MADURAI

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 30-11-2023 confirming penalty of Rs.11.50 Lacs as levied by Ld. AO u/s.271D on 07-09-2022 on the allegation that the assessee received sale consideration on transfer of immovable property in cash in contravention to the provisions of Section 269SS of the Act. At the time of hearing, none appeared for assessee. The Ld. Sr. DR pleaded for dismissal of the appeal.

The registry has noted a delay of 30 days in the appeal, the condonation of which has been sought by the assessee. Considering the period of delay, the delay is condoned and we proceed for disposal of the appeal. 3. Upon perusal of impugned order, it could be seen that the assessee has failed to make any representation therein. The Ld. CIT(A) confirmed the penalty in the absence of any explanation. Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Accordingly, the appeal is restored back to learned CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits. 4. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीNितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF