V.M. RAJASEKHARAN,CHENNAI vs. DCIT, NCC-17(1), CHENNAI

The assessee is an employee of ITC Ltd. and filed his return of income declaring a total income of Rs. 2,94,69,380/-. The A.O, in the assessment order passed u/s. 143(3) of the Act has made addition of Rs.72,04,433/- in respect of sale of bonus share under the head "Capital Gains." Aggrieved by the said addition, the assessee preferred an appeal before the Ld. CIT(A). The Ld. CIT(A) has dismissed the appeal without considering the submissions made by the assessee.

At the outset, the Ld. Authorized Representative (A.R) of the assessee submitted that the Ld. CIT(A) has dismissed the appeal without considering the submission filed. Ld AR has submitted that assessee has filled written submission on 01.04.2025 and also sought VC, but Ld. CIT(A) passed order without considering the request and the written submission. Therefore, it was prayed that one more opportunity be granted to the assessee to substantiate his case before the Ld. CIT(A).

On the other hand, the Ld. Departmental Representative (D.R) relied on the orders of the lower authorities.

V.M. Rajasekharan :- 3 -: 5. We have heard the rival submissions and perused the material available on record. Upon perusal of the order of the Ld. CIT(A), we find that the appeal was dismissed without considering the submissions of the assessee. In view of the principles of natural justice, we are of the considered opinion that the assessee should be provided with another opportunity to present his case before the Ld. CIT(A). Accordingly, we remit the matter back to the file of the Ld. CIT(A) to decided the matter afresh in accordance with law. We also direct the assessee to appear before the Ld. CIT(A) on the date of hearing without fail and furnish complete details for fresh consideration. In view of the above, the appeal filed by the assessee is allowed for statistical purposes only.

In the result, the appeal filed by the assessee is allowed for statistical purposes.