SURENDRANATH CHITTIBABU,CHENNAI vs. DCIT, NON CORP CIRCLE 17(1) CHENNAI, CHENNAI
What did the Tribunal hold?
The Tribunal allowed the appeal, remitting the matter back to the CIT(A) for a fresh adjudication on merits. This was due to the assessee's inability to respond to notices from the CIT(A) because of a change in employment.
What were the facts?
The assessee, an individual, failed to file an income tax return for AY 2020-21. The Assessing Officer initiated reassessment proceedings based on information about salary and interest income, leading to a best judgment assessment. The assessee's appeal before the CIT(A) was dismissed for non-prosecution.
What were the issues?
Whether the CIT(A) should have dismissed the appeal for non-prosecution without considering the reasons for non-appearance, and whether the matter should be remanded for a decision on merits.
Which sections of the Income-tax Act were involved?
Section 139(1),Section 148,Section 148A,Section 147,Section 144,Section 144B,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CHENNAI
Before: SHRI INTURI RAMA RAO & SHRI S.S.VISWANETHRA RAVI
PER INTURI RAMA RAO, ACCOUNTANT MEMBER:
This appeal filed by the Assessee directed against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], dated 16.02.2026 passed u/s.250 of the Income Tax Act, 1961 for the Assessment Year 2020-21. 1 SURENDRANATH CHITTIBABU
Briefly, the facts of the case are that the appellant is an Individual deriving income under head “Salaries”. The appellant had not filed the Return of Income under the provisions of section 139(1) of the Income Tax Act, 1961 for the Assessment Year 2020-21. Based on the information that the appellant was in receipt of salary income from Havells India Ltd and payment was made to the credit card issued by HDFC Bank Ltd and earned interest income from HDFC Bank. The Juri ictional Assessing Officer formed an opinion that income got escaped assessment from tax, accordingly, a notice u/s.148 of the Act was issued on 31.03.2024 after duly complying with the procedure laid down u/s.148A of the Act. In the circumstances, the e-Assessment Unit of the Department (hereinafter called ‘AO’) had proceeded with framing best judgement assessment order vide order dated 04.02.2025 passed u/s.147 r.w.s 144 read with section 144B of the Act at a total income of Rs.55,02,928/-. While doing so, the Assessing Officer made addition under head “Salary Income” of Rs.55,02,928/- and also made an addition of interest income of Rs.81,018/- on payment to credit card of R.s10,81,840/- as unexplained expenditure.
Being aggrieved by the above assessment order, the appellant preferred an appeal before ld.CIT(A), who vide impugned order dismissed the appeal for non- prosecution.
2 SURENDRANATH CHITTIBABU
Being aggrieved by the order of ld.CIT(A), the appellant is in appeal before us in the present appeal. It is submitted before us that the appellant could not respond to the notices issued by the ld.CIT(A) for the reason that he changed Employment, therefore, he prayed that the matter may be remitted back to the file of ld.CIT(A) for denovo adjudication on merits in accordance with law.
On the other hand, learned Sr.DR has no serious objection.
We order accordingly, with a direction to the ld.CIT(A) to dispose of the appeal on merits in accordance with law after affording an opportunity of being heard to the appellant.
In the result, appeal filed by the assessee is partly allowed for statistical purpose. Order pronounced in the open Court on 29th June, 2026. (SS VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER Chennai; िदनांक / Dated : 29th June, 2026 SGR, Sr.PS
3 SURENDRANATH CHITTIBABU
आदेश क" "ितिलिप अ"ेिषत / Copy of the Order forwarded to : अपीलाथ" / The Appellant.
""यथ" / The Respondent.
The CIT Chennai/Madurai/Coimbatore/Salem. 4. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, “ए” ब"च, चे"नई / DR, ITAT Chennai. गाड" फ़ाइल / Guard File.
GANGADHARA RAO SALEELA Date: 2026.07.01 17:46:26 +05'30'
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