2021 (5) TMI 797

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..... he Learned CIT (A) has erred in dismissing the appeal without adjudication the grounds on merits thereby conveniently ignoring all the facts and evidences that were forming part of the records before him. 2. On the facts and circumstances of the case, the Learned CIT (A) has erred by confirming the penalty of Rs. 49,52,145/- levied under section 271AAB of the Income Tax Act. The penalty levied under section 271AAB of the Act deserves to be deleted. 2.2 On the facts and circumstances of the case, the Learned CIT (A) has erred in appreciating that the levy of penalty in the absence of direction to levy penalty for the income offered under section 45(3) of the Act in bad in law and deserves to be deleted. 2.3 On the facts and circumstanc .....

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..... 45,21,450/-. The assessee declared / accepted the income over and above, the regular business income. The AO while passing the assessment order, initiated penalty under section 271AAB of the Act and levied the penalty of Rs. 49,52,145/- being 10 % of the income offered during the search action. On appeal before the ld.CIT(A), the action of AO was upheld. Further aggrieved, the assessee has filed present appeal before this Tribunal. 3. We have heard the submission of Ld. Authorised Representative (AR) of the assessee and ld. Senior Departmental Representative (Sr.DR) for the Revenue. The ld.AR of the assessee submits that before the ld.CIT(A), the assessee filed a statement of fact explaining the entire fact of the case. The ld.CIT(A) has .....

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..... lt in attending the hearing before lower authorities. The ld.AR for the assessee prayed that the assessee may be given one more opportunity to represent his case before the ld.CIT(A). The ld.AR further submits that the ld.CIT(A) passed the ex-parte order without discussing the merits of the case. The ld.AR for the assessee again retreated that no opportunity of hearing was given to the assessee. The assessee has good case on merit and is likely to succeed if he is given opportunity. 5. On the other hand, the Sr.DR for the Revenue submits that the assessee was given ample opportunity as recorded in para 5 of the order passed by the ld.CIT(A). The assessee failed to comply with the notices issued by the ld.CIT(A). The ld.CIT(A) left with no .....

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