SUBRAMANIADURAI PANDIDURAI,CHENNAI vs. ACIT, NON CORP WARD 7, (1), CHENNAI
आयकर अपीलीय अिधकरण “ए” ायपीठ चेई म।
IN THE INCOME TAX APPELLATE TRIBUNAL
“A” BENCH, CHENNAI
माननीय ी एबी टी. वक , ाियक सद एवं
माननीय ी मनोज कुमार अ$वाल ,लेखा सद के सम&।
BEFORE HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकरअपील सं./ ITA No.2807/Chny/2024
(िनधा'रणवष' / Assessment Year: 2016-17)
Shri Subramaniadurai Pandidurai
#148/149, SIDCO Indl. Estate
North Phase, Ambattur Indl. Estate,
Ambattur, Chennai-600 098. बनाम/
Vs.
ACIT
Non-Corporate Ward-7(1)
Chennai.
थायीलेखासं./जीआइआरसं./PAN/GIR No. ATVPP-8460-D
(अपीलाथ /Appellant)
:
( थ / Respondent)
अपीलाथ कीओरसे/ Appellant by :
Shri Anandd Babunath (CA) - Ld.AR
थ कीओरसे/Respondent by :
Smt. D. Babitha (JCIT) - Ld. Sr. DR
सुनवाईकीतारीख/Date of Hearing
:
23-01-2025
घोषणाकीतारीख /Date of Pronouncement
:
03-02-2025
आदेश / O R D E R
Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2016-17 arises out of the order of learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-06-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 09-11-2018. The Registry has noted delay of 65 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of affidavit of the assessee. Upon perusal of para-4 of 2
impugned order, it could be noted that the assessee has failed to appear during first appellate proceedings. The Ld. AR has pleaded for admission of appeal and also prayed for restoring the appeal back to the file of lower authorities. The same has been opposed by revenue.
2. In the assessment order, Ld. AO made addition u/s 56(2)(vii)(b)(ii) for Rs.96.54 Lacs considering the fact that the assessee purchased certain property for a consideration which was less than stamp duty valuation. During appellate proceedings, the assessee stated that Ld. AO did not refer valuation to DVO u/s 55A. Since no such request was made by the assessee to Ld. AO and no new material was produced during appellate proceedings, the appeal was dismissed. Aggrieved, the assessee is in further appeal before us.
3. Though the assessee has remained negligent, however, considering the facts of the case, we admit the appeal and restore the assessment back to the file of Ld. AO for fresh adjudication with a direction to the assessee to substantiate its case.
4. The appeal stand allowed for statistical purposes.
Order pronounced on 3rd February, 2025 (ABY T. VARKEY) (MANOJ KUMAR AGGARWAL)
ाियक सद /JUDICIAL MEMBER लेखा सद / ACCOUNTANT MEMBER
चे3ई Chennai; िदनांक Dated : 03-02-2025
DS
आदेश की Gितिलिप अ$ेिषत / Copy of the Order forwarded to :
1. अपीलाथ /Appellant
2. थ /Respondent
3. आयकरआयु</CIT Madurai/Chennai.
4. िवभागीय ितिनिध/DR
5. गाडAफाईल/GF