Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (5) TMI 797 - AT - Income TaxEx-party order passed by CIT-A - Penalty levied u/s 271AAB - during the search action assessee accepted unaccounted income in respect of LTCG - HELD THAT:- As assessee did not make any compliance to various show cause notices issued by the ld.CIT(A) as recorded in para 5 of the impugned order. CIT(A) confirmed the action of AO by taking view that there is non-compliance on the part of the assessee. Before, us assessee undertook to be vigilant and to appeal before the ld. CIT(A). We, instead of going into controversy, whether the assessee defaulted in attending the proceedings before the ld.CIT(A). We find that the order of the ld.CIT(A) is not in accordance with mandate of section 250(6) of the Income Tax Act. Section 250(6) of the Act mandates that the Ld. CIT(A) while deciding the appeal is required to pass order on points of determination (grounds of appeals), decision therein on and reasons for such decision. Appeal of the assessee is restored back to the file of the ld.CIT(A) to decide all the grounds of appeal on merit in accordance with law. The assessee is directed to appear before the ld.CIT(A) as and when the date of hearing and to provide all necessary evidence and information without any further delay and not to seek the adjournment without any valid reasons. Accordingly the grounds of appeal by assessee are allowed for statistical purpose.
|