2021 (4) TMI 1013

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.... appeals are filed by the assessee against the orders of the Ld. CIT(A)-3, Hyderabad in appeal Nos. 10175 & 10176/2019-20/B3/CIT(A)-3, dated 04/09/2020 passed U/s. 143(3), 271(1)(c) r.w.s. U/s. 250(6) of the Act for the AY: 2016-17. 2. In quantum appeal (ITA No. 575/Hyd/2020), the assessee has raised two grounds however, the crux of the issue is that: "The Ld. CIT(A) erred in confirming the add....

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....ot consider the submissions of the assessee. It was therefore pleaded that the assessee may be provided with one more opportunity to pursue his case before the Ld. Revenue Authorities. Ld. DR on the other hand objected to the submissions of the Ld. AR and argued that sufficient opportunities had been provided to the assessee, however, on the given dates of hearing, neither the assessee nor his Rep....

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....3(3) of the Act making an addition of Rs. 4,95,000/- considering the same as unexplained income. On appeal, before the Ld. CIT(A) none appeared on behalf of the assessee on the given dates of hearing. Moreover, there is a long delay in filing the appeal before the Ld. CIT(A) for which the assessee had also not filed a petition seeking condonation of delay stating the reasons. Hence, the Ld. CIT(A)....

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....rdance with law and merits based on the materials on the record. It is ordered accordingly. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes as indicated hereinabove. ITA No. 576/Hyd/2020 7. The core issue involved in this appeal is the levy of penalty U/s. 271(1)(c) of the Act. Since the quantum appeal of the assessee is remitted back to the file of the Ld....