ALIASAGAR INAYATHUSAIN BOHARI,JALGAON vs. INCOME TAX OFFICER, WARD-3,DHULE, DHULE
What did the Tribunal hold?
The Tribunal held that the penalty proceedings deserved to be restored back to the CIT(A) for fresh adjudication. This is to be done after the quantum appeal is decided, ensuring justice for the assessee.
What were the facts?
The assessee's appeal pertains to a penalty imposed under Section 271(1)(c) of the Income Tax Act. The penalty order was passed ex-parte by the Assessing Officer and upheld by the CIT(A). The corresponding quantum appeal is also pending.
What were the issues?
The primary issue was the correctness of the penalty proceedings initiated under Section 271(1)(c) when the quantum appeal was still pending and the penalty order was passed ex-parte.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “A” BENCH : PUNE :
Before: SHRI SATBEER SINGH GODARA & SHRI GD PADMAHSHALI,
Date of Hearing : 29.05.2024 Date of Pronouncement : 30.05.2024 ORDER PER SATBEER SINGH GODARA, J.M. :
This assessee’s appeal for assessment years 2013- 2014, arise against the CIT(A), Pune-11. Pune's Din and Order No.ITBA/APL/S/250/2023-24/1059158865(1), dated 28.12.2023, in proceedings u/s.271(1)(c) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
It emerges at the outset with the able assistance coming from both the parties that not only the learned CIT(A)'s impugned order upholding the Assessing Officer’s action imposing sec.271(1)(c) penalty of Rs.22,31,249/- has been passed ex-parte but also the corresponding quantum issue is 2 ITA.No.220/PUN./2024 further stated to be pending in first appeal before the very authority. That being the case and after giving our thoughtful consideration to the instant sole substantive issue of correctness of the impugned penalty proceedings, we are of the considered view that the same deserves to be restored back to the CIT(A) in light of the corresponding quantum findings in larger interest of justice. We make it clear that after the assessee’s quantum appeal is decided, the instant penalty appeal shall thereafter be taken for his afresh appropriate adjudication preferably within three effective opportunities of hearing subject to the rider that it is the assessee’s sole risk and responsibility to prove the case in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the open Court on 30.05.2024.
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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