Section 158BFA, read with section 254, of the Income-tax Act, 1961 - Block assessment in search case

IT : Where assessee filed rectification application against penalty imposed under section 258BFA and sought an adjournment which was granted but on adjourned date he chose not to attend proceedings, assessee's plea of not giving a proper opportunity of hearing was not acceptable
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[2015] 53 taxmann.com 229 (Bombay)
HIGH COURT OF BOMBAY
Jayantilal L. Shah
v.
Income Tax Appellate Tribunal*
M.S. SANKLECHA AND G.S. KULKARNI, JJ.
WRIT PETITION NO. 2822 OF 2012
JUNE  24, 2014
Section 158BFA, read with section 254, of the Income-tax Act, 1961 - Block assessment in search cases - Levy of interest and penalty in certain cases (Rectification of Tribunal's order) - Whether where assessee filed an application seeking rectification of Tribunal's order confirming penalty imposed upon him under section 158BFA (2) in view of fact that in course of hearing assessee sought an adjournment which was granted and on adjourned date he chose not to attend proceedings, assessee's plea that his rectification application was rejected without giving a proper opportunity of hearing was not acceptable - Held, yes [Para 9] [In favour of revenue]