TMI Blog2020 (11) TMI 770X X X X Extracts X X X X X X X X Extracts X X X X ..... at assessee should be heard before a decision is taken against it. A fair opportunity of hearing is essence of the principles of natural justice. An opportunity of hearing to the assessee before the levy of penalty is a statutory requirement, which has to be strictly complied with by the Revenue. In the present case since the order of CIT(A) has been passed in violation of principles of natural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... products and retail shopping bags. Assessee filed its return of income for A.Y. 2007- 08 on 31.10.2007 declaring loss. The case was selected for scrutiny and thereafter vide order dated 31.12.2009 passed u/s 144 of the Act, AO determined the total income at ₹ 56,44,245/- Aggrieved by the order of AO, assessee carried the matter before CIT(A) who vide order dated 10.01.2011 dismissed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 018 levied penalty of ₹ 11,45,170/- u/s 271(1)(c) of the Act on the aggregate additions of ₹ 34,02,170/- (addition on account of unconfirmed creditors, trading addition and disallowance of expenses). Aggrieved by the penalty order passed by AO, assessee carried the matter before CIT(A) who vide order dated 28.08.2019 held that no penalty is leviable on the basis of estimated additions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) so that assessee can present the case before CIT(A). Ld DR on the other hand supported the order of CIT(A). 5. We have heard the rival submissions and perused the material on record. The issue in the present appeal is with respect to upholding the levy of penalty u/s 271(1)(c) of the Act. We find that the CIT(A) has passed an ex parte order without hearing the assessee. It is an established ..... X X X X Extracts X X X X X X X X Extracts X X X X
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