9911796707
TMI Blog2025 (3) TMI 303X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO and confirmed by the learned CIT(A). Accordingly, grounds raised by the assessee are allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... does not arise." 3. When the case was called for hearing, none appeared on behalf of the assessee. Even there is no adjournment application either. However, the Bench is of the view that the appeal filed by the assessee can be disposed off qua the assessee and after hearing the learned Departmental Representative and on the basis of material available on record. 4. The facts, as culled out from the impugned order passed by the learned CIT(A) are that* a search operation under section 132 of the Income Tax Act, 1961 ("the Act") at the residential premises of Shri Vasantrao Ghonge. During the search, various incrimination documents were found and seized. Assessment in this case was completed under section 143(3) r/w section 153C of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned CIT(A) upheld the action of the Assessing Officer in denying the exemption under section 11 of the Act and disallowing the expenses towards the object of the assessee trust. Therefore, the assessee was given one more opportunity by issuing show cause notice asking it to submit their explanation/reply as to why penalty under section 271(1)(c) should not be levied. But neither the assessee attended nor filed any explanation in support of their claim. Since the assessee trust failed to offer any valid explanation/reasonable cause during the penalty proceedings, the Assessing Officer imposed penalty of Rs. 5,28,810 under section 271(1)(c) of the Act as the assessee furnished inaccurate particulars of its income. 5. When the matter came up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everal notices were issued from time to time as given above but the appellant failed to offer any explanation or submit any evidences in support of the penalty u/s 271(1)(c) of the Act imposed against it. Therefore, the grounds taken by it are not tenable and thus dismissed." 6. Now, before us, the assessee, though was absent during the hearing, came up with the issue of levy of penalty under section 271(1)(c) of the Act. As could be seen above, the learned CIT(A) dismissed the appeal of the assessee by upholding the penalty order passed by the Assessing Officer:- 7. We find that for the assessment year 2010-11, the learned CIT(A), vide his impugned order dated 14/11/2024, held as under:- "5.2 ............ In this case, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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