← Back to search

SRIRANGAGOUNDER PARAMASIVAM,TIRUPUR vs. ITO, WARD-1(4), TIRUPPUR

PDF
ITA 3133/CHNY/2024[2017-18]Status: DisposedITAT Chennai23 April 20253 pages

आयकर अपीलीय अिधकरण, ‘ए’ यायपीठ, चे ई।
IN THE INCOME TAX APPELLATE TRIBUNAL
‘A’ BENCH: CHENNAI

ी एबी टी. वक
, ाियक सद एवं
एवं
एवं
एवं
ी अिमताभ शुा, लेखा सद के सम

BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER

आयकर अपील सं./ITA No.3133/Chny/2024
िनधारण वष/Assessment Year: 2017-18

Mr. Srirangagounder Paramasivam,
Old No.1/86,
New No.153 Chetti Thottam,
Appiyapalayam,
Ettiveerampalayam Post,
Tirupur-641 666. v.
The ITO,
Ward-1(4),
Tirupur.
[PAN: ANAPP 8794 P]

(अपीलाथ/Appellant)

(यथ/Respondent)

अपीलाथ क ओर से/ Appellant by :
Mr.Abhishek Murali, CA
यथ क ओर से /Respondent by :
Mr.R. Raghupathy, Addl.CIT
सुनवाईकतारीख/Date of Hearing
:
19.02.2025
घोषणाकतारीख /Date of Pronouncement
:
23.04.2025

आदेश / O R D E R
PER ABY T. VARKEY, JM:

This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 14.10.2024 for the Assessment Year (hereinafter referred to as "AY”) 2017-18. Mr. Srirangagounder Paramasivam
:: 2 ::

2.

The main grievance of the assessee is against the action of the Ld.CIT(A) passing ex parte order qua assessee. According to the Ld.AR, the Ld.CIT(A) only granted one opportunity to the assessee by issuing notice dated 30.01.2021 and thereafter, has passed the impugned order on 14.10.2024, meaning after issuing notice during the Covid-19 pandemic period, the Ld.CIT(A) has passed the impugned order dismissing the appeal on the ground that the assessee didn’t respond to his notice dated 30.01.2021. The said averments of the Ld.AR couldn’t be controverted by the Ld.DR for the Revenue. Having gone through the impugned order, we find that the Ld.CIT(A) has issued notice once on 30.01.2021 directing the assessee to file written submissions in support of grounds of appeal on or before 15.02.2021 and finding that the assessee didn’t file any response, he has dismissed it on 14.10.2024 [refer Para No.6 of Ld.CIT(A)] 3. In the light of the aforesaid fact, we find that there is a gross violation of natural justice and therefore, we set aside the impugned order of the Ld.CIT(A) and restore the appeal back to his file, with a direction to decide the grounds of appeal raised by the assessee as mandated by sub- sec.6 of section 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act‘). The Ld.AR has undertaken to appear and file the written submissions and other relevant documents in support of grounds of Mr. Srirangagounder Paramasivam :: 3 ::

appeal before the Ld CIT(A). And the Ld.CIT(A) is directed to decide the appeal on merits after hearing the assessee in accordance to law.
4. In the result, appeal filed by the assessee is allowed for statistical purposes.

Order pronounced on the 23rd day of April, 2025, in Chennai. (अिमताभ शुा)
(AMITABH SHUKLA)
लेखा सदय/ACCOUNTANT MEMBER (एबी टी. वक
)
(ABY T. VARKEY)
याियक सदय/JUDICIAL MEMBER
चे ई/Chennai,
!दनांक/Dated: 23rd April, 2025. TLN
आदेश क ितिलिप अ$ेिषत/Copy to:

1.

अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीयितिनिध/DR 5. गाड फाईल/GF

SRIRANGAGOUNDER PARAMASIVAM,TIRUPUR vs ITO, WARD-1(4), TIRUPPUR | BharatTax