What did the Tribunal hold?

The ITAT restored the appeal to the CIT(A) for fresh adjudication on merits. The assessee was directed to substantiate its case and file requisite documents.

The Assessing Officer estimated profit at 1% on sales. The CIT(A) dismissed the assessee's appeal due to non-representation. The assessee appealed to the ITAT.

What were the issues?

Whether the CIT(A) erred by dismissing the appeal without considering the remand report and the assessee's submissions.

S.Udayashankar, Chengalpattu vs ACIT | ITAT Chennai 2023

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI V. DURGA RAO, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 13-06-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 16-12-2017. In the assessment order, Ld. AO estimated profit of 1% on sales. The Ld. CIT(A) dismissed the appeal since the assessee failed to make any representation. Aggrieved, the assessee is in further appeal before us.

The only prayer made by Ld. AR is that impugned order has not considered the remand report and therefore, a prayer has been made to us to restore the appeal back to the file of Ld. CIT(A) for adjudication on merits.

Accepting the same, the appeal is restored back to the file of Ld. CIT(A) for fresh adjudication by speaking order with a direction to the assessee to substantiate its case and file requisite documents forthwith. 4. The appeal 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 आदेशकीZितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. !"थ"/Respondent 3. आयकरआयु=/CIT 4. िवभागीय!ितिनिध/DR 5. गाडBफाईल/GF

S.UDAYASHANKAR,CHENGALPATTU vs. ACIT NCC 22(1) TBM CHENNAI, CHENNAI

What did the Tribunal hold?

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