AVR TEXTILE PRIVATE LIMITED,COIMBATORE vs. ACIT, CORPORATE CIRCLE-2, COIMBATORE

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ITA 358/CHNY/2024Status: DisposedITAT Chennai01 May 2024AY 2013-14Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The ITAT, in the interest of natural justice, decided to grant the assessee another opportunity to present its case. The orders of the lower authorities were set aside, and the penalty appeal was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal against a penalty order under Section 271(1)(c) was confirmed by the CIT(A) as the assessee failed to make any representation. The assessee is now in further appeal before the ITAT.

What were the issues?

Whether the assessee should be granted another opportunity to substantiate its case before the appellate authorities, despite previous negligence.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ 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. Aforesaid appeal by assessee for Assessment Year (AY) 2013- 14 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 14-12-2023 in the matter of penalty levied by Ld. AO u/s 271(1)(c) for Rs.14.53 Lacs vide order dated 27-07-2018. The assessee failed to make any representation during appellate proceedings. Accordingly, the penalty was confirmed against which the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

2.

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 orders of lower authorities are set aside and the penalty appeal is restored back to Ld. CIT(A) for fresh adjudication after affording 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 adjudicate the appeal on the basis of material on record.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 1st May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 01-05-2024 DS आदेशकीRितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF

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