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Income Tax

Penalty u/s 271D Set Aside Due to Lack of Substantive Hearing

Case Law Details

Case Name
Amarjit Mehta Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
Advertisement 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...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,940

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