9911796707
TMI Blog2023 (7) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing issued by the learned CIT(A) were not received, therefore, the assessee could not attend to the same. In the present appeal, the assessee is duly represented by the learned AR and wishes to pursue the litigation against the penalty levied by the AO. Penalty under section 271(1)(b) is unsustainable in the peculiar facts of the present case - Appeal by the assessee is allowed. - ITA no. 1199/Mum./2023 - - - Dated:- 17-7-2023 - Shri Prashant Maharishi, Accountant Member And Shri Sandeep Singh Karhail, Judicial Member For the Assessee : Shri G.P. Mehta For the Revenue : Smt. Mahita Nair ORDER PER SANDEEP SINGH KARHAIL, J.M. The present appeal has been filed by the assessee challenging the impugned order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e have considered the submissions of both sides and perused the material available on record. The brief facts of the case, as emanating from the record, are that the assessee filed his original return of income on 15/10/2010, declaring a total income of Rs. 1 lakh. The return filed by the assessee was processed under section 143(1) of the Act. On the basis of the information received from DGIT (Investigation), Mumbai that the assessee is part of a complex transfer transaction between a group of accounts wherein funds were transferred/rotated through RTGS/clearing/DMAT/pay order on the same day, and an amount of Rs. 1,61,19,082, in assessee s bank account has remained unexplained and unaccounted, the proceedings under section 147 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. The learned CIT(A), vide impugned order, without controverting the aforesaid fact dismissed the appeal filed by the assessee against the penalty order passed under section 271(1)(b) of the Act, since the assessee could not respond to notices of hearing. The learned Authorised Representative ( learned AR ) submitted that since the notices of hearing issued by the learned CIT(A) were not received, therefore, the assessee could not attend to the same. In the present appeal, the assessee is duly represented by the learned AR and wishes to pursue the litigation against the penalty levied by the AO. Therefore, in light of the uncontroverted fact as noted above, we are of the view that the penalty under section 271(1)(b) is unsustainable in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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