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TMI Blog2016 (11) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... the file of the Ld. CIT(Appeals) for giving adequate opportunity to the assessee and then pass an appropriate order. - ITA No. 644/Mds/2015 - - - Dated:- 23-9-2016 - Shri N.R.S. Ganesan, Judicial Member And Shri S. Jayaraman, Accountant Member Appellant by : Shri S. Sridhar, Advocate Respondent by : Shri Durai Pandian, JCIT ORDER Per S. Jayaraman, Accountant Member This a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he TDS. For the shortfall in admission of income, the assessee claimed that he was following cash system of accounting and accounted only actual receipts. The Assessing Officer did not accept such claim and assessed the total receipts shown in the TDS certificates as turnover and initiated penalty proceeding under Section 271(1)(c) of the Act. He levied penalty under that section for having furnis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levy of penalty u/s 271(1)(c) of the Act without assigning proper reasons and justification and ought to have appreciated that the sustenance of the penalty imposed was wrong, erroneous, unjustified, incorrect and not sustainable in law. (3) The CIT(Appeals) failed to appreciate that the order imposing penalty u/s 271(1)(c) of the Act was passed out of time, invalid, passed without jurisdic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Representative relied on the order of the Ld. CIT(Appeals). 6. We have heard submissions on either side and perused the relevant material available on record. We are of the opinion that the Ld. CIT(Appeals) should give due opportunity to the assessee before confirming the penalty order. Hence, the issue is remitted back to the file of the Ld. CIT(Appeals) for giving adequate opportunity to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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