M S MOHAMED IQBAL,PUDUKKOTTAI vs. INCOME TAX OFFICER, WARD 1, PUDUKKOTTAI
What did the Tribunal hold?
The Tribunal remanded the quantum appeals to the AO for fresh consideration, allowing the assessee to present evidence. The penalty appeals were dismissed as infructuous due to the remand of the quantum appeals.
What were the facts?
The assessee remained absent before the lower authorities, leading to additions by the AO based on an 8% profit rate. The CIT(A) also found no supporting material from the assessee. The appeals concern assessment years 2018-19 and 2019-20.
What were the issues?
Whether the matter should be remanded for fresh consideration due to the assessee's absence and lack of evidence. The academic nature of penalty proceedings when the quantum appeal is remanded.
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. Nos.836, 837, 838 & 839/Chny/2026 िनधा�रण वष�/Assessment Year: 2018-19 & 2019-20
MS Mohamed Iqbal, Vs. The Income Tax Officer, No.6/95B, R.Pudupatinam, Mimisal, Ward I, T.S. No. 8663/2, Pudukkottai, Tamil Nadu, 622002. 614621. [PAN: BNCPM6454N] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Mr. M.K. Rangasamy, C.A. ��थ� की ओर से/Respondent by : Mr. Kumar Chandan, JCIT सुनवाई की तारीख/ Date of hearing : 11.06.2026 घोषणा की तारीख /Date of Pronouncement 17.06.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
These four appeals filed by the assessee are directed against the order dated 15.12.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment years 2018-19 & 2019-20.
Since, the issues raised in these appeals are similar based on the same identical facts, with the consent of both the parties, we proceed to
I.T.A. Nos. 836, 837, 838 & 839/Chny/26 2
hear all the appeals together and pass consolidated order for the sake of convenience.
-:I.T.A. No.836/Chny/2026:- (Assessment Year: 2018-19) 3. At the outset, it is submitted by the ld. AR, Mr. M.K. Rangasamy, C.A., that the assessee remained absent before both the authorities below and prayed to remand the matter to the file of the AO for his fresh consideration. On perusal of the assessment order, it is noted that the AO made an addition on account of the absence of any reply from the assessee and adopted a profit rate of 8% of the total receipts. Ld. AR submitted that the said profit rate of 8% is excessive and not reasonable. Further, on perusal of the impugned order, it is noted that the ld. CIT(A) clearly held that there was no material furnished in the first appellate proceedings substantiating the grounds raised in Form 35, which is clear from para 4.3.5 of the impugned order. Therefore, as it appears from the record of both the authorities below, there was no assistance on behalf of the assessee relating to the issues discussed therein.
Ld. DR, Mr. Kumar Chandan, JCIT, did not dispute the same.
Considering the submissions of the ld. AR and DR and the facts and circumstances of the case, and in the interest of justice, we deem it proper to remand the matter to the file of the AO for his fresh consideration. The assessee shall represent his case before the AO without fail and is at liberty to file evidence, if any, in support of his claim.
I.T.A. Nos. 836, 837, 838 & 839/Chny/26 3
Thus, the order of the ld. CIT(A) is set aside and the grounds raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
-:I.T.A. No.837/Chny/2026:- (Assessment Year: 2018-19) 7. At the outset, it is noted that the AO initiated penalty proceedings under Section 270A of the Income Tax Act, 1961 (for short, "the Act") in relation to his satisfaction recorded in the assessment order. We have taken a view in the quantum appeal in ITA No.836/Chny/2026 in the aforementioned paras, remanding the matter to the file of the AO for his fresh consideration, and thereby the penalty appeal becomes academic. Thus, being academic, it requires no adjudication. Accordingly, the present appeal of the assessee filed against the penalty order is dismissed as infructuous.
-:I.T.A. No. 838/Chny/2026:- (Assessment Year: 2019-20) 8. At the outset, it is submitted by the ld. AR, Mr. M.K. Rangasamy, C.A., that the assessee remained absent before both the authorities below and prayed to remand the matter to the file of the AO for his fresh consideration. On perusal of the assessment order, it is noted that the AO made an addition on account of the absence of any reply from the assessee and adopted a profit rate of 8% of the total receipts. Ld. AR submitted that the said profit rate of 8% is excessive and not reasonable. Further, on perusal of the impugned order, it is noted that the ld. CIT(A)
I.T.A. Nos. 836, 837, 838 & 839/Chny/26 4
clearly held that there was no material furnished in the first appellate proceedings substantiating the grounds raised in Form 35, which is clear from para 4.3.5 of the impugned order. Therefore, as it appears from the record of both the authorities below, there was no assistance on behalf of the assessee relating to the issues discussed therein.
Ld. DR, Mr. Kumar Chandan, JCIT, did not dispute the same.
Considering the submissions of the ld. AR and DR and the facts and circumstances of the case, and in the interest of justice, we deem it proper to remand the matter to the file of the AO for his fresh consideration. The assessee shall represent his case before the AO without fail and is at liberty to file evidence, if any, in support of his claim. Thus, the order of the ld. CIT(A) is set aside and the grounds raised by the assessee are allowed for statistical purposes.
-:I.T.A. No. 839/Chny/2026:- (Assessment Year: 2019-20) 11. At the outset, it is noted that the AO initiated penalty proceedings under Section 270A of the Income Tax Act, 1961 (for short, "the Act") in relation to his satisfaction recorded in the assessment order. We have taken a view in the quantum appeal in ITA No.836/Chny/2026 in the aforementioned paras, remanding the matter to the file of the AO for his fresh consideration, and thereby the penalty appeal becomes academic. Thus, being academic, it requires no adjudication. Accordingly, the present appeal of the assessee filed against the penalty order is dismissed as infructuous.
I.T.A. Nos. 836, 837, 838 & 839/Chny/26 5
In the result, ITA Nos.836 and 838/Chny/2026 for AYs 2018-19 & 2019-20 are allowed for statistical purposes and ITA Nos.837 and 839/Chny/2026 for AYs 2018-19 & 2019-20 are dismissed as infructuous. Order pronounced on 17th June, 2026 at Chennai.
Sd/- Sd/- (INTURI RAMA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 17.06.2026 MM/- आदेश की �ितिलिप 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.
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