M/S OCEAN HEALTHCARE PRIVATE LIMITED,CHENNAI vs. ITO, CIRCLE(1),LTU, CHENNAI

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ITA 250/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2016-17Bench: 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 Tribunal, considering the principle of natural justice, granted the assessee another opportunity to present its case. The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee appealed against a penalty imposed under Section 271(1)(c) for AY 2016-17. The CIT(A) had dismissed the appeal for non-prosecution, and the assessee sought another hearing.

What were the issues?

Whether the assessee should be granted another opportunity for hearing after the appeal was dismissed for non-prosecution, and whether the penalty under Section 271(1)(c) was correctly levied.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 32AC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2016-17) M/s. Ocean Healthcare Private Ltd. ITO बनाम/ Vs. 19, Haddows Road, Nungambakkam, Circle (1)- LTU Chennai-600 006. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABCO-8128-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri V. Balaji (CA)-Ld.AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 17-04-2024 घोषणा की तारीख /Date of Pronouncement : 17-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by confirmation of penalty u/s 271(1)(c) for Rs.133.76 Lacs for Assessment Year (AY) 2016-17, the assessee is in further appeal before us. The impugned order has been passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 09-01-2024 in the matter of penalty levied by Ld. Assessing Officer [AO] u/s. 271(1)(c) of the Act on 28-09- 2022. It could be seen that the appeal has been dismissed by Ld. CIT(A) for non-prosecution. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR.

2.

It emerges that the assessee was denied deduction u/s 32AC. The Ld. AO held that the assessee deliberately concealed its income and furnished inaccurate particulars of income and therefore, levied impugned penalty. The assessee did not make any representation during first appellate proceedings. 3. 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 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 forthwith. A reasonable opportunity of hearing shall be granted to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with the disposal of the appeal on merits. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 17th April, 2024.

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