2017 (12) TMI 1788 - AT - Income Tax

ITAT Overturns Penalty Order for Lack of Opportunity

The ITAT set aside an ex-parte order by ld. CIT(A) due to lack of proper opportunity for the assessee to be heard in a penalty case under section 271C of ... No notice for hearing was communicated to the assessee - Penalty u/s 271C - assessee has failed to deposit the tax to the credit of Central Government and has also failed to deduct tax at source correctly causing short deduction of tax on the eligible amount - HELD THAT:- In the present case, it is noticed that the ld. CIT(A) noted that the case was fixed for hearing on 28.05.2015, 08.01.2016 and 01.02.2016 but nowhere he stated that the notice for hearing was served upon the assessee. It is well settled that nobody should be condemned unheard as per the maxim “audi alteram partem”. We, therefore, by keeping in view the principles of natural justice, deem it appropriate to set aside the impugned order and remand the issue back to the file of the ld. CIT(A) to be adjudicated afresh in accordance with law after providing due and reasonable opportunity of being heard to the assessee. Appeal of the assessee is allowed for statistical purposes. Issues:Appeal against ex-parte order by ld. CIT(A) without proper opportunity of being heard. Penalty levied under section 271C of Income Tax Act, 1961.Analysis:The appeal was filed by the assessee against an ex-parte order dated 29.02.2016 of ld. CIT(A)-I, Noida. The main grievance of the assessee was the lack of proper opportunity to be heard before the order was passed. The AO had imposed a penalty of Rs. 15,78,108 under section 271C of the Income Tax Act, 1961, alleging failure to deposit tax to the Central Government and incorrect deduction of tax at source. The ld. CIT(A) decided in favor of the department through the ex-parte order.The assessee contended that no hearing notice was communicated, and thus, the ex-parte decision was unjustified. The ld. DR supported the lower authorities' orders. Upon review, the ITAT noted that while the case was scheduled for hearings on specific dates, there was no mention of the notice being served to the assessee. Following the principle of natural justice, the ITAT set aside the impugned order and remanded the issue back to the ld. CIT(A) for a fresh adjudication with proper opportunity for the assessee to be heard. Consequently, the appeal of the assessee was allowed for statistical purposes.This judgment highlights the importance of adhering to the principles of natural justice, particularly the right to be heard ('audi alteram partem'). It emphasizes the necessity of providing a fair opportunity for parties to present their case before decisions are made, ensuring a just and lawful process in tax matters.