MURUGESAN SENTHILKUMAR,CHENNAI vs. INCOME TAX OFFICER NON CORP WARD 22(4), TAMBARAM
What did the Tribunal hold?
The Tribunal condoned the delay and, in the interest of justice, remanded the matter back to the CIT(A) for fresh consideration. The assessee was directed to file supporting evidence, and the CIT(A) was instructed to adjudicate the issue on merits.
What were the facts?
The assessee's appeal was filed with a delay of 155 days, which was condoned by the Tribunal. The Assessing Officer made an addition on account of cash deposits as unexplained investment. The CIT(A) confirmed the addition due to the assessee's non-compliance with hearing notices.
What were the issues?
Whether the CIT(A) was justified in confirming the addition without considering the assessee's submissions and evidence, and whether the assessee should be granted another opportunity to present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi
आयकर अपीलीय अिधकरण, ’ ए’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी इंटूरी रामाराव, लेखा सद एवं �ी एस.एस. िव"ने$ रिव, �ाियक सद के सम% । Before Shri Inturi Rama Rao, Accountant Member & Shri S.S. Viswanethra Ravi, Judicial Member आयकर अपील सं./I.T.A. No. 1928/Chny/2026 िनधा'रण वष'/Assessment Year: 2017-18 Murugesan Senthil Kumar, Vs. Income Tax Officer, 4/825, Malligai Street, Non Corporate Ward -22(4), Velachery Main Road, Chennai – 600 045. Medavakkam, Chennai – 600 100. [PAN: CWTPS-0135-D] (अपीलाथ*/Appellant) (+,थ*/Respondent) अपीलाथ* की ओर से / Appellant by : Mr. Srinivasan, CA +,थ* की ओर से/Respondent by : Mr. S. Manoj Prakash, JCIT सुनवाई की तारीख/ Date of hearing : 15.06.2026 घोषणा की तारीख /Date of Pronouncement 30.06.2026 : 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 14.08.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2017-18.
2 ITA No. 1928/Chny/2026
We find that this appeal was filed with a delay of 155 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 155 days
condoned.
At the outset, it is noted that the AO determined the income of the
assessee at Rs.30,43,663/-, inter alia, making addition on account of cash
deposits as unexplained investment u/s. 69 of the Act vide his order dated
19.12.2019, wherein the assessee preferred an appeal before the
ld.CIT(A). The ld.CIT(A) issued four hearing notices on 03.08.2022,
17.08.2023, 21.08.2024, 20.05.2025, requesting the response from the
assessee. According to the ld.CIT(A), there was no response from the
assessee in respect of the above said four notices, which is evident from
page nos. 5 & 6 of the impugned order. The ld.CIT(A), in the absence of
any compliances confirmed the order of the AO in making addition u/s. 69
of the Act.
The ld.AR, Shri. Srinivasan, CA, before us pleaded for another
opportunity as the assessee is ready to represent his case before the
3 ITA No. 1928/Chny/2026
ld.CIT(A) with all relevant documentary evidences and prayed to remand the matter to the file of the ld.CIT(A).
The ld.DR, Shri. S. Manoj Prakash, JCIT, reported no objection.
Having heard both the parties and taking into consideration the facts and circumstances of the case, nature of issue and in the interest of justice, we deem to proper to remand the matter to the file of the ld.CIT(A) for a fresh consideration as discussed above, since there is no compliance by the assessee before the ld.CIT(A). The assessee is directed to file evidences, if any, in support of his claim. The ld.CIT(A) shall examine the same and adjudicate the issue on merits. Thus, order of the ld.CIT(A) is set aside and grounds raised by the assessee are allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 30th June, 2026 at Chennai.
Sd/- Sd/- (INTURI RAMA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
4 ITA No. 1928/Chny/2026
Chennai, Dated: 30.06.2026 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: 2026.07.02 16:12:19 +05'30'
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- J.M.Swamy vs. Government Of INDIAKarnataka · 17 Oct 2026
- S. Nithyananda vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Ritik vs. State Of M.P.Madhya Pradesh · 16 Oct 2026
- Venkadeswara Grill Works vs. The Joint Commissioner (St)Madras · 16 Oct 2026
- Mufti Clothing And Co vs. The Assistant Commissioner (St)Madras · 16 Oct 2026