KAMATCHIAPPAN ARIVANANTHAN,CUMBUM vs. ITO, WARD-1,, THENI
What did the Tribunal hold?
The Tribunal, considering the peculiar facts and the assessee's plea for a fresh opportunity due to reliance on counsel and lack of awareness of online proceedings, decided to grant one more opportunity in the interest of natural justice. The appeal was remitted back to the AO for fresh assessment after calling for necessary details.
What were the facts?
The assessee, an individual, did not file an income tax return. Upon reopening the assessment, the assessee filed a return declaring Rs. 9,04,730/-. However, the Assessing Officer (AO) completed the assessment at Rs. 2,77,68,984/- due to lack of proper details. The assessee's appeal before the CIT(A) was dismissed ex-parte for non-response.
What were the issues?
Whether the assessee should be granted another opportunity to present their case before the lower authorities, given the circumstances of non-filing and ex-parte dismissal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: MS. PADMAVATHY.S & SHRI MANU KUMAR GIRI
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 31.03.2026 for Assessment Year (AY) 2020-21.
The assessee is an individual and did not file the return of income. The A.O received information with regard to the various financial transactions undertaken by the assessee during the year under consideration. Since the
ITA No.1291/Chny/2026 Kamathiappan Arivananthan :- 2 -:
assessee did not file the return of income, the A.O reopened the assessment by issue of notice u/s. 148 of the Act after passing the order u/s. 148A(d) of the Act. The assessee in response to notice u/s.148 filed the return of income declaring total income of Rs. 9,04,730/-. The assessee did not submit proper details before the A.O and therefore the A.O completed the assessment assessing income at Rs.2,77,68,984/-. Aggrieved, the assessee filed further appeal before the CIT(A). Before the CIT(A), the assessee did not respond and therefore the CIT(A) dismissed the appeal ex-parte.
We have heard the parties, and perused the material available on record. The Ld. Authorized Representative (AR) of the assessee submitted that the assessee is a commission agent and the various financial transactions in his bank account do not pertain to the assessee. The assessee being a small time player is not aware of the online income tax proceedings and completely relied on his counsel for handling the tax matters. The Ld. AR further submitted that the counsel of the assessee did not provide proper professional support and therefore the assessee could not represent the case properly before the lower authorities. The ld. AR accordingly prayed for one more opportunity with an undertaking that the case would be properly represented. 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 to represent the case properly by producing the required details. Accordingly, we remit the appeal back to the AO with a direction to call for necessary details and decide the issue in accordance with law. The assessee is required to submit the necessary details as may be called for and cooperate with assessment proceedings. It is ordered accordingly.
ITA No.1291/Chny/2026 Kamathiappan Arivananthan :- 3 -:
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 19th day of June, 2026 at Chennai.
Sd/- Sd/- (मनु कुमार िग"र) (पदमावती यस) (Manu Kumar Giri) (Padmavathy.S) �याियक �याियक सद�य �याियक �याियक सद�य सद�य / Judicial Member सद�य लेखा लेखा सद�य लेखा लेखा सद�य सद�य /Accountant Member सद�य चे�नई/Chennai, �दनांक/Dated: 19th June, 2026. EDN, Sr. P.S आदेश क� �ितिल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकर आयु!/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF
Digitally signed by EJTADA DURGA EJTADA DURGA NARESH NARESH Date: 2026.06.23 10:51:18 +05'30'
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