9911796707
TMI Blog2025 (1) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... find due to non submission to the statutory notice issued by the CIT(A), he passed an ex-parte order sustaining the addition made by the AO. It is the submission of Assessee that adequate opportunity of hearing was not granted by the CIT(A) and since the e- portal was not functioning, therefore, the assessee could not respond to the statutory notice issued by the CIT(A). It is also the submission of Assessee that the assessee, who worked as a Major General in Indian Army, is no more and is being represented by his wife Mrs. Balbir Kaur Birdie and the penalty so levied by the AO and confirmed by the Ld. CIT(A) should be deleted. We find some force in the above arguments of the Learned Counsel for the Assessee. It is an admitted fact that Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer u/sec.271(1)(b) of the of the Income Tax Act, 1961 (in short the Act ). 3. Facts of the case, in brief, are that assessee had originally filed his return of income on 30.03.2018 declaring total income of Rs. 75,55,050/-. The Assessing Officer passed the order u/sec.143(3) on 25.10.2018 accepting the returned income. Subsequently, on realizing that certain errors have crept in the return filed while computing the capital gain, the assessee filed a revision petition u/sec.264 of the Act before the PCIT. The PCIT considered the said petition of the assessee and set aside the order passed u/sec.143(3) of the Act to the file of Assessing Officer to compute the income as per the provisions of law. Subsequently, the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame income i.e., Rs. 75,55,050/-. It is also an admitted fact that the two statutory notices u/sec.142(1) of the Act were issued by the Assessing Officer on 07.03.2021 and 17.03.2021 respectively, which were during the Covid period, for which, the assessee has a reasonable cause for not appearing before the Assessing Officer. We find due to non submission to the statutory notice issued by the Ld. CIT(A), he passed an ex-parte order sustaining the addition made by the Assessing Officer. It is the submission of the Learned Counsel for the Assessee that adequate opportunity of hearing was not granted by the Ld. CIT(A) and since the e- portal was not functioning, therefore, the assessee could not respond to the statutory notice issued by the O/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -B, [section 271BA] [section 271-BB], section 271C, [section 271CA] section 271D, section 271E, [section 271F, [section 271FA,] [section 271FA] [section 271FAA.] [section 271FAB,] [section 271FB] [section 271G,] [section 271GA,] (section 271GB,] [section 271GC,] [section 271H,] [section 271-1,] [section 271J,] clause (c) or clause (d) of sub-section (1) or subsection (2) of section 272A, sub-section (1) of section 272AA] or [section 272B or] [sub-section (1) [or sub- section (1A)] of section 272BB or] [sub-section (1) of section 272BBB or] clause (b) of sub-section (1) or clause (b) or clause (c) of sub-section (2) of section 273, no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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