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6. That during pendency of this appeal the recovery notice dated 27-03-2017 may kindly be also stayed till the final disposal of this appeal and delay in filling the appeal if any be also condoned in the interest of justice.

3. Brief facts of the case are that owing to the delay in filing Annual Information Return (AIR) in respect of purchase and sale by any person of immovable property valued at Rs. 30 Lacs. A show cause notice for the financial year 2004-05, 2005-06, 2006-07,2007-08 & 2008-09 was issued by office of the DIT (CIB) on 14/09/2010 & 26/10/2010 asking the Sub-Registrar to show cause as to why penalty under section 271FA of the Act should not be imposed upon it for failure to furnish the AIRs in time, and the reply was sought by 04/11/2010. On 04/11/2010 Shri. B. R. Joshi, Naib Tehsildar from O/o the Sub Registrar, Kullu, Distt. Kullu attended and fled information which is supposed to be AIRs vide his office letter no. 225/RC dt. 30/09/2010, for the F.Y 2004-05 to 2008-09. He was asked to file AIRs for the F.Y. 2004-05 to 2008-09 and submit proof of the same alongwith written reply for non filing of the AIRs on 10/12/2010 by the DIT(CIB). On the given date Shri. B. R. Joshi Naib Tehsildar requested for adjournment and case was adjourned to 11/01/2010.

" With reference to your office letter no. DDIT/CIB/CHD/2010-11 /2818 dated 14/09/2010 on the above cited subject, due to heavy quantum of work, the requisite information/return could not be furnished and earlier, delay is highly regretted...."

Since the reply filed by the Sub Registrar in response to the show cause notice, was found to be unsatisfactory, therefore, explanation filed by the Filer was found unacceptable by the DIT(CIB) and levied penalty of Rs. 6,24,000/- under section 271FA of the Income Tax Act, 1961.

However keeping in view all the facts and circumstances we feel that interest of justice would be met if the assessee is given another opportunity of being heard by the Ld. CIT(A).

6. Hence we hereby direct the Ld. CIT(A) that due opportunity may be given to the assessee and pass a speaking order on jurisdiction vested to the Ld. CIT(A) as per Section 246A with reference to section 271FA and decide the case on merits. The assessee is also directed to comply to the directions of the Ld. CIT(A) with utmost care and discipline.