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2015 (10) TMI 1308 - ITAT HYDERABAD

2015 (10) TMI 1308 - ITAT HYDERABAD - TMI - Penalty under section 271F and 271(1)(b) - non-compliance of notices under section 153C as well as 142(1) and 143(2) - Held that:- CIT(A) dismissed the appeals of the assessee exparte without giving proper and sufficient opportunity of being heard and since the assessee was not well during the course of penalty proceedings, he has not got an effective opportunity to offer his explanation for noncompliance to the notices issued under section 153C as wel .....

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consideration are set aside and the matter is remitted back - Decided in favour of assessee for statistical purposes. - 535/H/2015, 539/H/2015, 540/H/2015, 546/H/2015, 547/H/2015 - Dated:- 22-7-2015 - SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, ACCOUNTANT MEMBER For the Appellant : Mr. Jainik For the Respondent : Mr. J. Siri Kumar ORDER PER BENCH : Out of these five appeals filed by the assessee, three appeals being ITA.No.535, 539 and 540/Hyd/2015 are directed against the common .....

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e is an individual. A search and seizure action under section 132 was conducted in the Goud group of cases on 15.09.2008. During the course of said action, certain incriminating material pertaining to the assessee was found and seized. Consequently, notices under section 153C were issued by the A.O. on 08.10.2010 requiring the assessee to furnish his returns of income, inter alia, for the years under consideration within 15 days of the receipt of the notices. No returns of income however, were f .....

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roceedings, the A.O. proceeded to impose penalty of ₹ 5000 under section 271F, inter alia, for A.Ys. 2007-08 and 2008-09. 2.1. During the course of assessment proceedings for the years under consideration, notices issued by the A.O. under section 142(1) and 143(2) were also remained un-complied with by the assessee as a result of which, the A.O. was left with no option but to complete the assessments for the years under consideration to the best of his judgment under section 144 read with .....

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-04, 2007-08 and 2008-09. 2.2. The penalties imposed by the A.O. under section 271F for A.Ys. 2007-08 and 2008-09 and under section 271(1)(b) for A.Ys. 2003-04, 2007-08 and 2008-09 were challenged by the assessee in the appeals filed before the Ld. CIT(A). There was, however, no compliance on the part of the assessee to the notices issued by the Ld. CIT(A) fixing the appeals of the assessee for hearing on two occasions. Keeping in view of this non-compliance on the part of the assessee, the Ld. .....

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posed by the A.O. under section 271F and 271(1)(b) were dismissed by the Ld. CIT(A) by his impugned orders for the following reasons : During the course of appellate proceedings, the case for fixed for hearing on 03.02.2015. A letter received from the office of Deva & Co., requesting for long adjournment due to Sri Davaraju Reddy, CA, Deva & Co., is contesting for, vice president and he is busy. Therefore, the case was adjourned to 18.02.2015. This is a simple case of penalty levied for .....

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dismissing the appeals of the assessee exparte and submitted that only two opportunities of hearing were given by the Ld. CIT(A) fixing the appeals of the assessee for hearing on 03.02.2015 and 18.02.2015. He has submitted that application was duly filed by the assessee seeking adjournment of the hearing fixed on 03.02.2015 and it was only on 13.02.2015 that there was non-appearance on the part of the assessee as his Authorised Representative could not remain present for some unavoidable reasons .....

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