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2017 (2) TMI 460 - AT - Income TaxPenalty u/s 271E - contravention of the provisions contained u/s 269T - CIT(A) proceeded to delete the penalty by treating the averments made by the assessee company during appellate proceedings that they have repaid the money in case of first two companies by way of cheques - Held that:- It is difficult to make out as to how ld. CIT (A) has recorded in para 3.4 of the impugned order, “that the money has been actually returned in subsequent years in respect of two parties through account payee cheques as mentioned in the assessment order”, whereas no such findings are there in the penalty order. Assessee has not brought on record any such documents in the form of Paper Book before the Bench to support its averments made in written reply to the penalty notice rather preferred to be proceeded against ex-parte. So, in the given circumstances, we are of the considered view that to meet with the ends of justice, the matter is required to be restored to the ld. CIT (A) to decide afresh after providing an opportunity of being heard to the parties. So, the impugned order is set aside and consequently, the appeal is hereby allowed for statistical purposes.
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