Assessment proceedings against assessee were carried out and finalized and separate proceedings for imposition of penalty were also initiated on same day. The assessee filed an appeal against assessment order which came to be dismissed. Despite appeal having been dismissed, department made no efforts to impose penalty and on one fine day, issued show cause notice under section 271(1)(c) calling upon assessee to submit its response along with supporting documentary evidence, if any, by 4.30 p.m., on next day and case was fixed for oral arguments on next day, on which date it was finally decided. On writ the Court held that  notice less than 24 hours’ time was granted to assessee to produce documentary evidence and equal time, i.e., less than 24 hours’ time was granted for addressing oral arguments, assessee was deprived of its right of fair hearing as contemplated under law.  Court held ttaht the order imposing penalty was not sustainable and matter was  remanded back to authority with a direction to afford a meaningful opportunity to assessee to file its response along with documentary evidence and further provide assessee an opportunity of personal hearing.