Suresh Kumar Sharma v. Income-tax Officer, Ward-6(4), Surat
[Citation -2016-LL-0930-39]

Citation 2016-LL-0930-39
Appellant Name Suresh Kumar Sharma
Respondent Name Income-tax Officer, Ward-6(4), Surat
Court ITAT-Ahmedabad
Relevant Act Income-tax
Date of Order 30/09/2016
Assessment Year 2006-07
Judgment View Judgment
Bot Summary: Respondent Appearances by: S.B. Vadiya, for the appellant O.P. Meena, for the respondent Date of concluding the hearing: 19.07.2016 Date of pronouncing the order: 30.09.2016 O R D E R 1. By way of this appeal, the assessee appellant has challenged correctness of the order dated 26.11.2010 passed by the learned CIT(A) in the matter of penalty under section 271B of the Income Tax Act, 1961, for the assessment year 2006-07. When this appeal was called out for hearing, it was noticed that the impugned order passed by the learned CIT(A) is ex-parte. Learned Counsel for the assessee submitted that it was an inadvertent mistake on the part of the assessee and prayed that in the event of assessee being given an opportunity, the assessee will duly appear I.T.A. No.966/Ahd/2011 Assessment Year: 2006-07 Page 2 of 2 before the learned CIT(A) and fully co-operate in expeditious disposal of appeal on merits. Learned Departmental Representative fairly submitted that he has no objection to the matter being restored to the file of the learned CIT(A) for adjudication on merits. In view of the above discussions, as also bearing in mind entirety of the case, I deem it fit and proper to remit the matter to the file of the learned CIT(A) for fresh adjudication, on merits, after giving yet another opportunity of hearing. In the result, the appeal is allowed for statistical purposes in the terms indicated above.


I.T.A. No.966/Ahd/2011 Assessment Year: 2006-07 Page 1 of 2 IN INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [Coram: Pramod Kumar AM] I.T.A. No.966/Ahd/2011 Assessment Year: 2006-07 Suresh Kumar Sharma, .................... Appellant Prop. of Shree Shyam Trailor Service, 403, Jalaram Complex, Near Reliance Colony, Ichchhapore Surat 395 007. [PAN: AKVPS 9919 E] Vs. Income Tax Officer, Ward-6(4), Surat. ........... .Respondent Appearances by: S.B. Vadiya, for appellant O.P. Meena, for respondent Date of concluding hearing: 19.07.2016 Date of pronouncing order: 30.09.2016 O R D E R 1. By way of this appeal, assessee appellant has challenged correctness of order dated 26.11.2010 passed by learned CIT(A) in matter of penalty under section 271B of Income Tax Act, 1961, for assessment year 2006-07. 2. When this appeal was called out for hearing, it was noticed that impugned order passed by learned CIT(A) is ex-parte. Learned Counsel for assessee submitted that it was inadvertent mistake on part of assessee and prayed that in event of assessee being given opportunity, assessee will duly appear I.T.A. No.966/Ahd/2011 Assessment Year: 2006-07 Page 2 of 2 before learned CIT(A) and fully co-operate in expeditious disposal of appeal on merits. 3. Learned Departmental Representative fairly submitted that he has no objection to matter being restored to file of learned CIT(A) for adjudication on merits. 4. In view of above discussions, as also bearing in mind entirety of case, I deem it fit and proper to remit matter to file of learned CIT(A) for fresh adjudication, on merits, after giving yet another opportunity of hearing. Ordered accordingly. 5. In result, appeal is allowed for statistical purposes in terms indicated above. Pronounced in open Court on this 30th day of September, 2016. Sd/- Pramod Kumar (Accountant Member) Dated: 30 th day of September, 2016. PBN/* Copies to: (1) appellant (2) respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File By order Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad Suresh Kumar Sharma v. Income-tax Officer, Ward-6(4), Surat
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