GEETHA SELVAM,CHENNAI vs. ITO, NCW-10(2), CHENNAI
What did the Tribunal hold?
The Tribunal, with no objection from the Revenue, remanded the matter to the Assessing Officer for fresh verification. The AO is directed to decide the issue afresh after considering all submissions and documentary evidence already furnished, and the assessee is at liberty to provide further details. The appeal was allowed for statistical purposes.
What were the facts?
The assessee appealed an ex-parte addition of ₹.34,20,360/- as unexplained money under Section 69 for AY 2017-18, which was confirmed by the Ld. CIT(A)/NFAC. This addition was made by the Assessing Officer through Section 154 proceedings after the original Section 143(3) assessment was completed without any addition. A 249-day delay in filing the appeal was condoned by the Tribunal.
What were the issues?
Whether the Ld. CIT(A) was justified in confirming the ex-parte addition made by the AO under Section 69 through Section 154 proceedings, after the original assessment under Section 143(3) had no addition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi&
O R D E R
PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 06.06.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2017-18.
We find that this appeal is filed with a delay of 249 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee are bonafide, which really prevented in filing the appeal in time. Thus, the delay is condoned and admitted the appeal for adjudication.
The assessee raised 6 grounds of appeal amongst which, the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the addition in the hands of the assessee exparte in the facts and circumstances of the case.
4. Heard both the parties and perused the material available on record. We note that the assessment order dated 05.12.2019 under section 143(3) of the Income Tax Act, 1961 [“Act” in short] has been completed without making any addition, but, however, the Assessing Officer treated the cash deposit of ₹.34,20,360/- as unexplained money under section 69 of the Act. We find no computation of income made to that effect. Thereafter, the Assessing Officer included the computation sheet in 154 proceedings by stating that the said computation sheet was omitted to be included in the assessment order dated 05.12.2019. We find the said order under section 154 of the Act has been challenged before NFAC, Delhi, wherein, the addition is confirmed in the hands of the assessee exparte.
The ld. AR Shri D. Anand, Advocate submits that the assessee has furnished every detail in respect of cash deposits during demonetization period, but however, not considered by the Assessing Officer and the ld. CIT(A). The ld. AR prayed to remand the matter to the file of the Assessing Officer for fresh verification. The ld. DR Ms. V. Supraja, Addl. CIT did not report any objection in respect of the same. Thus, taking into account the submissions of the ld. AR and the ld. DR and in the interest of natural justice, we remand the matter to the file of the Assessing Officer to decide the issue afresh after considering the submissions/ documentary evidences already furnished by the assessee. The assessee is at liberty to file details, if any, to substantiate her claim. Thus, the grounds raised by the assessee are allowed for statistical purposes.
More judgments on Section 69
- Azure Knowledge Corporation Private… vs The Dy.CIT, Circle-1(1)(1), AhmedabadITA 2013/AHD/2024[2018-19]Status: Disposed19 Oct 2026AY 2018-19
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Ranchhodbhai Kurjibhai Kakadiya, Rajkot vs Income Tax Officer, Ward-1(1)(1), RajkotITA 553/RJT/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 670/VIZ/2025[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Gorantla Rahul Kumar, Visakhapatnam vs The Asst. Commissioner of Income Tax…ITA 669/VIZ/2025[2020-21]Status: Disposed16 Oct 2026AY 2020-21
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