VIVEK,MATHURA vs. INCOME TAX OFFICER 1(3)(1), MATHURA

At the outset, I find that there is delay in filing the appeal by the assessee by 70 days. Considering the reasons adduced in the condonation petition, in the interest of substantial justice, I am inclined to condone the delay and admit the appeal of the assessee for adjudication.

The only effective issue to be decided in this appeal is as to whether the ld CIT(A) was justified in confirming the penalty levied u/s 272A(1)(d) of the Act in the facts and circumstances of the instant case.

I have heard the rival submissions and perused the materials available on record. On perusal of the order of the ld NFAC, I find that the ld NFAC had decided the issue ex parte without adjudicating the issue on merits giving its independent finding. Hence, in the interest of justice and fairplay, we deem it fit and appropriate to restore this appeal to file of ld NFAC for de novo adjudication in accordance with law. Needless to mention the assessee be given reasonable opportunity of being heard. The assessee is at liberty to furnish further evidences and additional grounds , if any, in support of his contentions. The assessee is directed to cooperate with ld NFAC for expeditious disposal of the appeal by not taking unwarranted adjournments. Hence, the grounds raised by the assessee are allowed for statistical purposes.

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