SRI. BALAKRISHNA SHEKAR,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6(2)(1), BANGALORE

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ITA 928/BANG/2022Status: DisposedITAT Bangalore30 November 2022AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that no notice was issued to the assessee before the suo moto addition was made after the assessment order. Therefore, in the interest of justice, the appeal was remanded back to the AO.

What were the facts?

The assessee appealed against an order passed under Section 154 of the Income Tax Act, which involved a suo moto rectification by the Assessing Officer (AO) without issuing a notice. The CIT(A) upheld this order, and additional evidence submitted by the assessee was not considered.

What were the issues?

Whether a suo moto rectification by the AO under Section 154, made without issuing notice to the assessee, is valid. Whether additional evidence should be considered by the AO.

Which sections of the Income-tax Act were involved?

Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SMT. BEENA PILLAI

For Appellant: Shri S. Annamalai, Advocate, Dr. Manjunath Karkihalli

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by the assessee against order dated 26/07/2022 passed by NFAC, Delhi for AY 2013-14. 2. At the outset, the Ld.AR submitted that assessee had preferred an appeal against an order passed by the Ld.AO u/s. 154 of the Act without issuing a notice and had made suo moto rectification thereby enhancing the addition. He referred to the order passed u/s. 154 dated 13/04/2006 which categorically mentions regarding the suo moto rectification carried out by the Ld.AO.

3.

The Ld.AR submitted that against this order of Ld.AO, assessee preferred appeal before Ld.CIT(A). However Ld.CIT(A) did not consider the submissions of assessee and upheld the order passed u/s. 154. It is submitted that on merits, assessee filed additional evidences which were also not considered in respect of the suo moto addition made by the Ld.AO.

4.

The Ld.AR submitted that due regards have not been given to the principles of natural justice by the authorities while passing the impugned orders. We have perused the submissions advanced by both sides in the light of records placed before us. 5. Admittedly, we note that no notice as per the act has been issued to assessee while making suo moto addition after passing of the assessment order. In the interest of justice, we deem it fit and proper to remand this appeal back to the Ld.AO. 6. We direct the Ld.AO to consider the suo moto addition made in the light of evidences filed by the assessee in accordance with law. 7. The Ld.AR however informed that against the original assessment order, appeal is pending before Ld.CIT(A). Instead of remanding the present appeal to Ld.CIT(A), it was submitted by both sides that present appeal may be remanded to the Ld.AO for the reason that verification in respect of the additional evidence filed by assessee qua the suo moto addition made by the Ld.AO in the order passed u/s. 154 will have to be necessarily carried out by Ld.AO himself. 8. Accordingly, we direct the Ld.AO to pass a reasoned order on merits of the suo moto addition made in the order dated Page 13/04/2016 after verifying the additional evidences filed by the assessee in respect of the same. Needless to say that proper opportunity of being heard must be granted to assessee. In the result, appeal filed by the assessee stands partly allowed for statistical purposes. Order pronounced in the open court on 30th November, 2022.

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