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2018 (9) TMI 1789 - AT - Income TaxLevy of penalty u/s. 271(1)(c) - exparte order - Held that:- The negligence on the part of the assessee in not pursuing his appeals before the Tribunal in diligent manner is quite evident. At the same time we are conscious of the principle of natural justice, “audi alteram partem”. The lis should not be terminated without affording opportunity of hearing, where stakes are high and arguable points of facts and/or law are involved. Taking into consideration totality of facts we are of considered view that exparte order dated 15-01-2016 deserves to be recalled. However, the assessee has to bear the cost of negligence. The order dated 15-01-2016 is recalled subject to payment of cost ₹ 10,000/- by the assessee. The cost shall be paid by the assessee in accordance with Rule 32A(2) of the Income Tax Appellate Tribunal Rule, 1963 within a period of 30 days from the date of this order. The assessee shall furnish the proof of payment of cost to the Registry within 7 days from the date of such deposit. Thereafter, the Registry is directed to restore the appeals at their original number and list the same for hearing on 28-11-2018.
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