Nitin Prabhakar Vaidya v/s Income Tax Officer

Parties Involved

Facts Summary

The present appeal has been filed by the assessee, Nitin Prabhakar Vaidya, challenging the impugned order dated 25/10/2017, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, for the assessment year 2013–14. The assessee raised two grounds for appeal: 1) The CIT(A) NFAC erred in law by upholding the penalty of Rs.1,76,531/- levied on the assessee. 2) The CIT(A) NFAC erred in law by upholding the penalty when there was no concealment of income nor any inaccurate particulars were submitted by the assessee. The learned Counsel for the assessee submitted that the learned CIT(A) passed an ex-parte order and prayed that one more opportunity may be given to the assessee to substantiate its case before the learned CIT(A). The learned D.R. submitted that the learned CIT(A) has given sufficient opportunities in spite of that the assessee has not appeared before the learned CIT(A) and not filed relevant details. He strongly supported the orders passed by the learned CIT(A).…

Legal Issues

• 1. The CIT(A) NFAC erred in law by upholding the penalty of Rs.1,76,531/- levied on the assessee.
• 2. The CIT(A) NFAC erred in law by upholding the penalty when there was no concealment of income nor any inaccurate particulars were submitted by the assessee.

Judgment Outcome

Decided in favour of Assessee.

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