Penalty set aside for PWD Contractor not given sufficient time to respond

The ITAT Calcutta set aside the penalty imposed on a PWD Contractor by the CIT, Jaipur for not submitting information on contracts, citing that the assessee had provided the required information and was not given sufficient time to respond. The case was remanded for a fresh decision, ensuring the assessee's right to a fair hearing. The appeal of the assessee was allowed for statistical purposes.

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The ITAT Calcutta-A judgment involved Shri Varis Ali, a PWD Contractor, for the assessment year 1977-78. A fine was imposed by the CIT, Jaipur under s. 285A(2) of the Act for not submitting information on three contracts. The ITAT set aside the penalty order, stating that the assessee had provided the required information and was not given adequate time to respond. The matter was remanded to the CIT for a fresh decision, granting the assessee a fair hearing. The appeal of the assessee was allowed for statistical purposes.

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