Santhosh Kumar Ojha, S/o Nagendra Nath Ojha, Flat No.69, Pocket-1, Sector 2, Dwarka, New Delhi. Vs. DCIT, Circle-27(1), New Delhi.
January, 14th 2016
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCHES : G : NEW DELHI
BEFORE SHRI R.S. SYAL, AM & SHRI C.M. GARG, JM
Assessment Year : 2006-07
Santhosh Kumar Ojha, Vs. DCIT,
S/o Nagendra Nath Ojha, Circle-27(1),
Flat No.69, Pocket-1, New Delhi.
Sector 2, Dwarka,
Assessee By : Shri Dharender Kumar, Advocate
Department By : Ms Anima Bernwal, Sr. DR
Date of Hearing : 11.01.2016
Date of Pronouncement : 11.01.2016
PER R.S. SYAL, AM:
This appeal filed by the assessee is directed against the ex parte
order passed by the CIT(A) on 28.6.2013 in relation to the assessment
2. The only issue raised in this appeal is against the confirmation of
penalty of Rs.6,83,658/- imposed by the AO u/s 271(1)(c) of the Act.
3. Shorn of unnecessary details, it is observed that the hearing before
the predecessor ld. CIT(A) took place in which the assessee made
certain submissions. After change of incumbent, a fresh notice was
issued by the successor ld. CIT(A) fixing the appeal for hearing. Since
there was no appearance from the side of the assessee, the successor ld.
CIT(A) dismissed the appeal ex parte qua the assessee. Without going
into the merits of the case, we are of the considered opinion that the ends
of justice would meet adequately if the impugned order is set aside and
the matter is restored to the file of ld. CIT(A). We order accordingly
and direct him to decide the appeal afresh after allowing a reasonable
opportunity of being heard to the assessee.
4. In the result, the appeal of the assessee is allowed for statistical
The order pronounced in the open court on 11.01.2016.
[C.M. GARG] [R.S. SYAL]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated, 11th January, 2016.
Copy forwarded to:
4. CIT (A)
5. DR, ITAT
AR, ITAT, NEW DELHI.