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TMI Blog2019 (5) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... n appearance before the CIT(A) despite sufficient opportunities granted by him, CIT(A) in the exparte order passed by him confirmed the penalty so levied by the AO. Considering to restore the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to substantiate his case. The assessee is hereby directed to appear before the CIT(A) and explain his case fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice of notice none appeared on behalf of the assessee. Therefore, both these appeals were heard on the basis of material available on record and after hearing the Ld. DR. 3. Levy of penalty u/s 271 (1) (c ) of the IT Act by the Assessing Officer which has been upheld by the CIT(A) is the only issue raised by the assessee in the various grounds of appeal for both the years. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directions. The Assessing Officer accordingly determined the total income of the assessee at ₹ 2,33,66,740/- for assessment year 2005-06 and ₹ 3,16,53,940/- for assessment year 2006-07. The Assessing officer thereafter initiated penalty proceedings u/s 271 (1) (c ) and levied of penalty of ₹ 2,20,000/- for assessment year 2005-06 and ₹ 7,50,000/- for assessment year 2006-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to grant one final opportunity to the assessee to substantiate his case. The assessee is hereby directed to appear before the CIT(A) and explain his case failing which the Ld. CIT(A) is at liberty to pass appropriate orders as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purpose. 7. In the result, both the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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