RAGUPATHY KUMAAR,CHENNAI vs. INCOME TAX OFFICER, NON CORP WARD 22(1), TAMBARAM, TAMBARAM

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ITA 1930/CHNY/2026Status: DisposedITAT Chennai10 July 2026AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was not given a proper opportunity to present their case before the CIT(A). Therefore, the appeal was remitted back to the CIT(A) for a fresh decision after providing the necessary details.

What were the facts?

The assessee did not file a return of income for AY 2016-17. The Assessing Officer (AO) reopened the assessment and made additions for cash credit and unexplained expenditure. The CIT(A) upheld these additions.

What were the issues?

Whether the CIT(A) erred in upholding the additions without providing a proper opportunity of being heard to the assessee. Whether the assessee should be given another opportunity to present their case.

Which sections of the Income-tax Act were involved?

Section 68,Section 69C,Section 148,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI GEORGE GEORGE KAND MS. PADMAVATHY.S

For Respondent: Mr. Shivalingam, Sr. AR

आदेश / O R D E R

PER PADMAVATHY.S, A.M: This appeal by the assessee is against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi, (in short "CIT(A)") passed u/s. 250 of the Income Tax Act, 1961 (in short "the Act") dated 19.03.2026 for Assessment Year (AY) 2016-17.

2.

The assessee is an individual and did not file the return of income for AY 2016-17. The A.O received information from the insight portal that the assessee has entered into substantial financial transactions. Since the assessee did not file the return of income, the A.O reopened the assessment by issue of

ITA No.1930/Chny/2026 Ragupathy KUmaar :- 2 -:

notice u/s. 148 of the Act. After considering the submissions of the assessee, the A.O completed the assessment making addition towards cash credit u/s. 68 of the Act amounting to Rs. 32,92,774/- unexplained expenditure u/s. 69C of the Act amounting to Rs.14,14,401/-. Aggrieved, the assessee filed further appeal before the CIT(A). The CIT(A) issued three notices and the assessee sought adjournments for filing the details. However, the CIT(A) considered the impugned issues on merits based on available records and upheld the additions made by the A.O. The assessee is in appeal before the Tribunal against the order of the CIT(A).

3.

We have heard the parties, and perused the material available on record. The Ld. Authorized Representative (AR) of the assessee submitted that the CIT(A) issued only three notices within a short duration and the assessee sought adjournments since the details called for had to be collated. The Ld. AR further submitted that the CIT(A) without giving proper opportunity of being heard has passed the order confirming the impugned additions made by the A.O. The Ld. AR also submitted that if one more opportunity is given, the assessee would be able to substantiate the details pertaining to the impugned additions. The ld. AR accordingly prayed for one more opportunity. Considering the facts and circumstances peculiar to assessee's case, we are inclined to give one more opportunity to the assessee in the interest of natural justice and fair play to represent the case properly by producing the required details. Accordingly, we remit the appeal back to the CIT(A) with a direction to call for necessary details and decide the issue in accordance with law. The assessee is directed to submit the necessary details as may be called for and cooperate with appellate proceedings. It is ordered accordingly.

ITA No.1930/Chny/2026 Ragupathy KUmaar :- 3 -:

4.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced on 10th day of July, 2026 at Chennai.

Sd/- Sd/- (जॉज� जॉज� के) (पदमावती यस) (Padmavathy.S) (George George K) उपा�� / Vice President लेखा सद�य सद�य सद�य /Accountant Member सद�य लेखा लेखा लेखा चे�नई/Chennai, �दनांक/Dated: 10th July, 2026. EDN, Sr. P.S Digitally signed by EJTADA DURGA आदेश क� �ितिल�प अ�े�षत/Copy to: EJTADA DURGA NARESH NARESH Date: 2026.07.15 1. अपीलाथ�/Appellant 11:29:49 +05'30' 2. ��थ�/Respondent 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF

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