Cases have come to the notice of the Board where the IAC passed penalty orders without giving a reasonable opportunity of being heard to the assessee, with the result that orders were challenged and struck down in appeal.
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Reasonable opportunity to be heard required - ensure penalty register maintenance and re-hearing before levying penalties. Failure to afford a reasonable opportunity of being heard in penalty proceedings led to appellate reversals where officers finalised orders after late service of notices or without re-hearing. Officers must maintain the prescribed penalty register, enter cases promptly after assessment, watch progress, and grant adjournments or re-notify as needed to comply with procedural requirements and prevent loss of cases on appeal.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Reasonable opportunity to be heard required - ensure penalty register maintenance and re-hearing before levying penalties.
Failure to afford a reasonable opportunity of being heard in penalty proceedings led to appellate reversals where officers finalised orders after late service of notices or without re-hearing. Officers must maintain the prescribed penalty register, enter cases promptly after assessment, watch progress, and grant adjournments or re-notify as needed to comply with procedural requirements and prevent loss of cases on appeal.
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