SRINIVAS REDDY KOMATIREDDY,HYDERABAD vs. DCIT., CIRCLE-2(2), HYDERABAD

At the outset, it is seen that, there is a delay of 41 days in filing of all these appeals for which the assessee has submitted condonation petition alogwith the affidavit explaining the reasons for the delay. After considering the submission of Ld. AR and after hearing the Ld. DR, the delay of 41 days in filing of all these appeals are condoned and these appeals are admitted for adjudication.

During the proceedings before us, the solitary ground raised by the Ld. AR was that, the Ld. CIT(A) did not provide sufficient opportunity to the assessee to submit their explanations/evidences with regards to the levy of penalty . It is further contended that the Ld. CIT(A) passed the order without providing proper opportunity. The Ld. AR further submitted that the assessee does not stand to gain by allowing the appeals to be disposed of without any documentary evidence being produced and it is only due to the reasons beyond the control of the assessee, the assessee could not produce their explanations/evidences with regards to the levy of penalty. By consolidating all the grounds, he further submitted that given an opportunity, the assessee is now ready to produce all such details and conduct the proceedings diligently and get the matter disposed of on merits.

Per contra, Ld. DR placed heavy reliance on the orders of the authorities below, and submitted that sufficient opportunity has already been given by the authorities, but the assessee failed to avail the same. He opposed the grant of further opportunity to the assessee.

We have heard the rival contentions and also gone through the record in the light of the submissions made on either side. It could be seen from the orders of the Ld. CIT(A) that the assessee failed to produce his submission with regards to the levy of penalty in spite of many opportunities given to him, which resulted in passing the orders without consideration thereof. It is a fact that the assessee does not stand to gain by not producing such documents. Be that as it may, now the assessee is ready to submit his explanations and evidence in support of his contentions and get the matter disposed of on merits. The highest that would happen by allowing an opportunity to the assessee is that a cause would be decided on merits. With this view of the matter, we are of the view that fresh opportunity should be given to the assessee and, accordingly, we set aside the impugned orders and restore the issue to the file of the Ld. CIT(A) for passing fresh orders on merits after affording the opportunity of hearing to the assessee. Grounds of appeal are answered accordingly.

In the result, all the appeals of the assessee are allowed for statistical purpose. Order pronounced in the open Court on 4th Sept., 2024.