SUBASHREE GARMENTS (P) LTD.,TIRUPUR vs. DCIT,NFAC, DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice, restored the assessment to the Assessing Officer for de novo assessment. The assessee was directed to substantiate its case and file necessary documents.
What were the facts?
The assessee's appeals were dismissed on technical grounds for delay condonation. The assessment was framed on a best judgment basis due to the assessee's non-cooperation and failure to appear before lower authorities.
What were the issues?
Whether the assessee should be granted another opportunity for hearing before the lower authorities despite previous non-cooperation and delay in filing appeals.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Heard together (3 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The grievance of the assessee in captioned appeals is common i.e., the first appeal has been dismissed on technical ground for want of condonation of delay. The assessment has also been framed on best judgment basis u/s 144 r.w.s. 147 since the assessee failed to make any representation before lower authorities and remained non-cooperative.
The only prayer made by Ld. AR is another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.
Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to restore the assessment, in all the years, to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its case and file requisite documents forthwith.
All the appeals stands allowed for statistical purposes. Order pronounced on 28th August, 2023. (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) "ाियक सद /JUDICIAL MEMBER लेखासद / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 28-08-2023 DS आदेशकीTितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. !"थ"/Respondent 3. आयकरआयु=/CIT 4. िवभागीय!ितिनिध/DR 5. गाडBफाईल/GF
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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