KARTHIKEYAN VANITHA,NAGAPATTINAM vs. ITO, WARD-1,, KUMBAKONAM
What did the Tribunal hold?
The Tribunal, considering the assessee's readiness to file evidence and the respondent's no objection, decided to remand the matter back to the Assessing Officer for fresh consideration. The assessee is granted liberty to file supporting evidence.
What were the facts?
The Assessing Officer made additions to the assessee's income under Section 69A of the Income-tax Act, 1961, due to cash deposits in the bank account. The assessee failed to file a return or comply with statutory notices. No compliance was made before the first appellate authority either.
What were the issues?
Whether the matter should be remanded to the Assessing Officer to allow the assessee to present evidence for additions made under Section 69A, given the lack of compliance at earlier stages.
Which sections of the Income-tax Act were involved?
Section 69A,Section 147,Section 144,Section 144B,Section 139,Section 148,Section 142(1)
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आदेश/O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: Both the appeals filed by the assessee are directed against the separate orders both dated 29.12.2025 by the ld. Commissioner of
Income Tax (Appeals), National Faceless Appeal Centre [NFAC],
Delhi [‘ld.CIT(A)’ in short] for Assessment Year 2020-21 & 2021-22
respectively.
2 I.T.A. I.T.A. No.815 I.T.A. I.T.A. No.815 No.815 & 816/Chny/2026 No.815 816/Chny/2026 816/Chny/2026 816/Chny/2026
Since the issues raised in both the appeals are similar, based on
same identical facts with regards to sole assessee, therefore, upon
hearing both the parties and with their consent we proceed to hear both
the appeals together and pass a common order for the sake of
convenience.
At the outset, it is noted that the Assessing Officer [‘AO’ in short]
determined the income of Rs.1,15,30,072/- vide his order dated
16.12.2024 passed u/s. 147 r.w.s. 144 and 144B of the Income-tax Act,
1961 [‘the Act’ in short]. According to the AO, assessee is an individual,
no return of income was filed under sub-section (1) of section 139 of the
Act. Having found information regarding cash deposits in the bank
account, the AO issued notice u/s. 148 of the Act. As it appear from the
record, no compliance was made in response to 148 as well as statutory
notices u/s. 142(1) as well as show cause notice. Thereby, the AO
determined the income of the assessee in the absence of any submission
during the course of assessment proceedings. Further, on perusal of the
impugned order, we note that no compliance was made by the assessee
before the first appellate authority which is evident from Para no. 5 to 6 of
the impugned order.
3 I.T.A. I.T.A. No.815 I.T.A. I.T.A. No.815 No.815 & 816/Chny/2026 No.815 816/Chny/2026 816/Chny/2026 816/Chny/2026
The ld.AR, Mr. S. Girish Kumar, Advocate, submits that the assessee
is ready to file all evidences before the AO and prayed to remand the
matter to the file of the AO by recording the undertaking that the
assessee shall appear before the ld.CIT(A) without fail.
The ld.DR, Ms. Gouthami Manivasagam, Addl.CIT, reported no
objection in remanding the matter to the file of the AO.
Having heard both the parties, it is noted that the AO made additions
u/s. 69A of the Act, wherein, no assistance was before the AO as well as
the ld.CIT(A), thereby considering the submissions of the ld.AR and
undertaking on behalf of the assessee, we deem it proper to remand the
matter to the file of the AO for a fresh consideration. The assessee is
liberty to file evidences, if any, in support of his claim. Thus, grounds
raised by the assessee is allowed for statistical purposes.
In the result, appeals filed by the assessee in ITA Nos. 815 &
816/Chny/2026 are allowed for statistical purposes. 29th April, 2026 at Chennai. Order pronounced on
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
4 I.T.A. I.T.A. No.815 I.T.A. I.T.A. No.815 No.815 & 816/Chny/2026 No.815 816/Chny/2026 816/Chny/2026 816/Chny/2026
Chennai, Dated: 29.04.2026 JPV/-
आदेशकी'ितिलिपअ.ेिषत/Copy to: 1. अपीलाथ&/Appellant, 2.'(थ&/ Respondent, 3. आयकरआयु//CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय'ितिनिध/DR & 5. गाड$ फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.05.04 10:43:09 +05'30'
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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