Case Filed on: 2019-02-15
Date of Order: 2019-11-20
Pronounced on: 2019-11-20
Om Prakash Bansal & Sons filed an appeal against the penalties imposed by the Income Tax Department under Section 271(1)(c) of the Income Tax Act, 1961. The penalties were related to an income of Rs. 5,25,000 that was disclosed suo moto during assessment proceedings after a survey. The appellant contended that the penalties were arbitrary and void, as there was no concealment of income or material facts.
The case was heard ex-parte due to the absence of the appellant or their representative at the hearing. The Tribunal, led by Shri H.S. Sidhu, noted that the assessee had not been granted a sufficient opportunity to present its case. The matter was remanded back to the CIT(A), with directions to reconsider the case afresh and allow the appellant adequate opportunity to present evidence and arguments.
This case highlights the importance of due process and the rights of appellants to have a fair hearing in tax disputes. It underscores the need for tax authorities to provide adequate notice and opportunity for taxpayers to respond before imposing penalties.
ITA 1256/DEL/2019 Review: Om Prakash Bansal & Sons vs. ACIT, Circle 49(1) – Penalty Dispute
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