Penalty under section 271(1)(c) set aside for Assessment Year 2008-09 due to non-speaking order

The ITAT set aside the CIT (A)'s non-speaking order confirming the penalty under section 271(1)(c) of the Act for Assessment Year 2008-09, finding it lacking essential details and not addressing the grounds raised. The matter was remanded back to the CIT (A) for a decision on merits in accordance with the law.

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Issues involved: Challenge to penalty u/s 271(1)(c) of the Act for Assessment Year 2008-09 due to non-speaking order by CIT (A).

Summary:
The appellant's appeal contested the penalty imposed u/s 271(1)(c) of the Act for the Assessment Year 2008-09, which was confirmed by the ld. CIT (A). The main contention was that the CIT (A) dismissed the appeal without considering the facts and nature of the grounds raised, issuing a non-speaking order. The CIT (A) order did not address the points for determination, decision, or reasons as required u/s 250(6) of the Act. Despite the absence of representation from the appellant, the ld DR was heard. The ITAT found the CIT (A) order to be cryptic and lacking essential details as mandated by the Act. Consequently, the ITAT set aside the CIT (A)'s order and remanded the matter back to him for a decision on merits in accordance with the law. The order was pronounced in the open court on 15.6.2012.

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