PARTHEEBAN VIGNESH,CHENNAI vs. ITO, INTL TAXATION WARD,, CHENNAI

सुनवाईकीतारीख/Date of Hearing : 22.10.2025 घोर्णाकीतारीख/Date of Pronouncement: 24.10.2025 आदेश /O R D E R

PER M. BALAGANESH, AM :

ITA. No:2265/Chny/2025 2.0 Though the Assessee has raised several grounds before us, the only effective issue on merits to be decided is as to whether the learned CITA was justified in confirming the addition made in the sum of Rs. 96 lakhs on account of unexplained investment for purchase of immovable property in the facts and circumstances of the instant case.

3.0 We have heard the rival submissions and perused the materials available on record. The Assessee is a non-resident individual. Since he had no taxable income in India, he did not file his return of income for the assessment year 2019-20. The Assessee, however, had purchased an immovable property during the year under consideration for a sum of Rs. 96 lakhs, which information got flagged from the office of the sub- registrar to the Income Tax Department. Accordingly, the Learned AO issued notice under Section 148 of the Act on 27-3-2023, reopening the case of the Assessee. In the entire assessment proceedings, there was no complaince by the Assessee, which prompted the Learned AO to frame the re-assessment under Section 144 read with Section 147 of the Act on 26-4- 2024, determining the total income of the Assessee at Rs. 96,04,417/-. Before the Learned CITA also, there was no compliance made by the Assessee. However, the Assessee, in the statement of facts filed before the Learned CITA, had duly brought on record that he had availed housing loan from DCB Bank to the tune of Rs. 1 crore, which was used for purchasing the property and hence, the entire purchase of immovable property stands properly explained, warranting no addition. However, this plea of the Assessee was not appreciated by the Learned CITA for want of evidence and personal appearance by the Assessee. In our considered opinion, the plea of the Assessee requires factual verification and since both the orders of the lower authorities were passed ex parte, the fact as to whether Assessee had availed housing loan from DCB Bank to the tune of Rs. 1 crore or not, had not been examined by the lower authorities. Hence,

Page 2 of 3 ITA. No:2265/Chny/2025 in the interest of justice and fair play, we deem it fit and appropriate, to restore this issue to the file of Learned AO for de novo adjudication, qua the dispute before us in accordance with law. The Assessee is at liberty to file all the evidences in support of his contentions. With these directions, the grounds raised by the Assesseeare allowed for statistical purposes.

4.0 In the result, the appeal of the Assessee is allowed for statistical purposes. Order pronounced in the court 24th ,October, 2025 at Chennai.