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TMI Blog2021 (4) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... her option except to dismiss the appeal of the assessee. In this situation, find no much strength in the arguments advanced by the ld. AR. Considering the prayer and the submissions of the Ld. AR, the merger financial resource of the assessee and the nature of issues involved in the appeal, in the interest of justice,hereby condone the delay in filing the appeal before the Ld. CIT(A) and remit the matter back to the file of Ld. AO for de-novo consideration thereby providing one more opportunity to the assessee of being heard. At the same breath, also hereby caution the assessee to promptly co-operate before the Ld. Revenue Authorities in their proceedings failing which the Ld. Revenue Authorities shall be at liberty to pass appropriate Orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,000/- U/s. 69 of the Act, the Ld. A.O. did not consider the submissions of the assessee. It was therefore pleaded that the assessee may be provided with one more opportunity to pursue his case before the Ld. Revenue Authorities. Ld. DR on the other hand objected to the submissions of the Ld. AR and argued that sufficient opportunities had been provided to the assessee, however, on the given dates of hearing, neither the assessee nor his Representative appeared before the Ld. CIT(A). Ld. DR further submitted that there was an inordinate delay in filing the appeal before the Ld. CIT(A). However, the assessee has not filed any condonation petition stating the reasons for the belated submission of appeal before the Ld. CIT(A). Under these cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eby caution the assessee to promptly co-operate before the Ld. Revenue Authorities in their proceedings failing which the Ld. Revenue Authorities shall be at liberty to pass appropriate Orders in accordance with law and merits based on the materials on the record. It is ordered accordingly. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated hereinabove. ITA No. 576/Hyd/2020 7. The core issue involved in this appeal is the levy of penalty U/s. 271(1)(c) of the Act. Since the quantum appeal of the assessee is remitted back to the file of the Ld. A.O. for de-novo consideration, this appeal is also remitted back to the file of the Ld. A.O. to adjudicate the appeal afresh based on the outcome o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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