MANOHARAN,THIRUVARUR vs. ACIT, CIRCLE-2(1), TRICHY
What did the Tribunal hold?
The Tribunal noted the lack of compliance before the CIT(A) and that the additions made by the AO under Section 56(2)(viib) required the assessee's assistance. Therefore, the matter was remanded to the CIT(A) for fresh consideration.
What were the facts?
The assessee's appeal was filed with a 2-day delay, which was condoned. The assessee had not made any compliance before the CIT(A) and sought to prosecute the case for additions made by the AO on account of income from other sources.
What were the issues?
Whether the CIT(A) should have provided an opportunity for the assessee to present evidence when additions were made under Section 56(2)(viib) due to non-compliance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRI. INTURI RAMA RAO & BEFORE SHRI S.S. VISWANETHRA RAVI
आयकर अपीलीय अिधकरण, ’सी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI �ी इंटूरी रामाराव, लेखा सद� एवं �ी एस.एस. िव"ने$ रिव, �ाियक सद� के सम% । BEFORE SHRI. INTURI RAMA RAO, ACCOUNTANT MEMBER AND BEFORE SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं./I.T.A. No. 3021/Chny/2026 िनधा'रण वष'/Assessment Year: 2015-16 Manoharan, Vs. The Assistant Commissioner of No.9, Then Vadal Sixth St Income Tax, Mannargudi H.O., Circle -2(1), Thanjavur – 614 001. Trichy. [PAN: AIMPM-5419-P] (अपीलाथ*/Appellant) (+,थ*/Respondent) अपीलाथ* की ओर से / Appellant by : Mr. K. Meenakshisundaram, ITP +,थ* की ओर से/Respondent by : Ms. Premi, Sr. AR सुनवाई की तारीख/ Date of hearing : 23.07.2026 घोषणा की तारीख /Date of Pronouncement 28.07.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 11.03.2026 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2015-16.
2 ITA No. 3021/Chny/2026
We find that this appeal was filed with a delay of 2 days. The
assessee filed an affidavit explaining the reasons to condone the said
delay. On perusal of the same and upon hearing both the parties, we find
the reasons stated by the assessee are bonafide which really prevented
the assessee in filing the appeal in time. Thus, delay of 2 days condoned.
At the outset, the ld.AR, Shri. Meenakshisundaram, ITP, submits that
the assessee made no compliance before the ld.CIT(A) and drew our
attention to the para no.4 of the impugned order. He submits that the
assessee is ready to prosecute his case before the ld.CIT(A) in support of
the claims challenging the additions made by the AO on account of income
from other sources.
The ld.DR, Ms. Premi, Sr.AR, opposed the same and drew our
attention to the para no. 8 to 13.1 of the impugned order. She prayed to
reject the request of the ld.AR.
Having heard both the parties, we note that admittedly no
compliances were made before the ld.CIT(A), which is evident from para
no. 8.1 & 9.1 of the impugned order, wherein the ld.CIT(A) confirmed the
view of AO for non-filing of submissions/evidences in support of the
3 ITA No. 3021/Chny/2026
grounds raised in Form 35. We are of the considered opinion that since the AO made addition under income from other sources relating to the disallowance u/s. 56(2)(viib) of the Act, wherein, in our opinion, requires assistance of the assessee. Since, no opportunity was available for the assessee before the ld.CIT(A), we deem it proper to remand the matter to the file of the ld.CIT(A) for fresh consideration. The assessee is liberty to file evidences, if any, in support of his claim. Thus, order of the ld.CIT(A) is set aside and grounds raised by the assessee is allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 28th July, 2026 at Chennai. Sd/- Sd/- (INTURI RAMA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Chennai, Dated: 28.07.2026 JPV आदेश की +ितिलिप अ3ेिषत/Copy to: 1. अपीलाथ*/Appellant, 2.+,थ*/ Respondent, 3. आयकर आयु4/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय +ितिनिध/DR & 5. गाड' फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.07.30 10:37:56 +05'30'
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