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Penalty u/s 271D Set Aside Due to Lack of Substantive Hearing
Case Law Details
- Case Name
- Amarjit Mehta Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Delhi
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Amarjit Mehta Vs ACIT (ITAT Delhi)
Penalty u/s 271D Remanded: Ex-parte Confirmation by CIT(A) Cannot Deny Substantive Justice
Assessee challenged penalty orders passed u/s 271D for AYs 2018-19 & 2019-20, which were confirmed by CIT(A) ex-parte due to non-appearance & non-filing of submissions. Before ITAT also, none appeared for Assessee, while Revenue supported lower authorities.
ITAT held that although Assessee failed to file submissions before CIT(A), mere non-prosecution cannot result in denial of substantive justice, particularly in penalty matters. Tribunal obser...






