2015 (10) TMI 1308

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....-08 and 2008-09 while remaining two appeals are directed against the common order of Ld. CIT(A)-I, Guntur dated 18.02.2015 whereby he confirmed the penalty of Rs. 5000 each imposed by the A.O. under section 271F of the I.T. Act, 1961 for A.Ys. 2007-08 and 2008-09. 2. The assessee in the present case is an individual. A search and seizure action under section 132 was conducted in the Goud group of cases on 15.09.2008. During the course of said action, certain incriminating material pertaining to the assessee was found and seized. Consequently, notices under section 153C were issued by the A.O. on 08.10.2010 requiring the assessee to furnish his returns of income, inter alia, for the years under consideration within 15 days of the receipt of....

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....e years under consideration i.e., A.Y. 2003-04, 2007-08 and 2008-09. 2.2. The penalties imposed by the A.O. under section 271F for A.Ys. 2007-08 and 2008-09 and under section 271(1)(b) for A.Ys. 2003-04, 2007-08 and 2008-09 were challenged by the assessee in the appeals filed before the Ld. CIT(A). There was, however, no compliance on the part of the assessee to the notices issued by the Ld. CIT(A) fixing the appeals of the assessee for hearing on two occasions. Keeping in view of this non-compliance on the part of the assessee, the Ld. CIT(A) proceeded to dispose of the appeals of the assessee exparte confirming the penalties imposed by the A.O. under section 271F and 271(1)(b) for the years under consideration. Aggrieved by the orders of....

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.... has submitted that application was duly filed by the assessee seeking adjournment of the hearing fixed on 03.02.2015 and it was only on 13.02.2015 that there was non-appearance on the part of the assessee as his Authorised Representative could not remain present for some unavoidable reasons. He has contended that the Ld. CIT(A) thus has dismissed the appeals of the assessee exparte without giving proper and sufficient opportunity of being heard and since the assessee was not well during the course of penalty proceedings, he has not got an effective opportunity to offer his explanation for noncompliance to the notices issued under section 153C as well as 142(1) and 143(2). He has urged that one more opportunity may therefore be given to the....