2012 (2) TMI 304

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..... mpliance of the provisions of section 139A. Reliance placed on Financial Co-operative Bank Ltd. v. ITO (Tribunal). Show Cause Notice - Held That:- In absence of issue of show cause notice penalty cannot be levied.
SHRI H L KARWA, SHRI D K SRIVASTAVA, JJ. Appellant by: Shri N.K. Saini Respondent by: Shri Vigyan Arora ORDER D K Srivastava: The appeal filed by the Department is directed a .....

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..... or the aforesaid default. On appeal, the ld. CIT(A) has cancelled the penalty. 3. Aggrieved by the order passed by the ld. CIT(A), the Department is now in appeal before this Tribunal. In support of appeal, the ld. DR relied upon the order passed by the AO while the ld. authorised representative for the assessee relied upon the order passed by the ld. CIT(A). 4. We have heard both the parties .....

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..... d. CIT(A). Besides, the penalty is otherwise also liable to be cancelled for the reason that opportunity of hearing was not given to the assessee before levying impugned penalty. Specific ground of appeal was taken before the ld. CIT(A) that no show cause notice was served by the AO before levy of impugned penalty. Perusal of the order passed by the AO u/s 272B shows that show cause notice for pen .....

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