ADIMOOLAM RADHAKRISHNAN,CHENNAI vs. ITO, NCW-12(1), CHENNAI

PDF · subscribers
ITA 2583/CHNY/2024Status: DisposedITAT Chennai02 January 2025AY 2014-15Bench: HON’BLE SHRI S.S. VISWANETHRA RAVI (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay due to sufficient cause. While noting the assessee's negligence and failure to represent, the Tribunal, adhering to principles of natural justice, set aside the impugned order and restored the matter to the Assessing Officer for de novo assessment, allowing the assessee an opportunity to substantiate their case.

What were the facts?

The assessee's appeal for AY 2014-15 arose from an order based on best judgment basis under Section 147 read with Sections 144 and 144B of the Act. There was a delay of 70 days in filing the appeal, attributed to the order being served on the wrong email ID. The assessee's grievances included the addition of cash deposits and computation of income from house property.

What were the issues?

Whether the appeal should be allowed considering the delay and the assessee's failure to represent, and if the assessment order should be set aside for de novo assessment.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

(िनधा)रण वष) / Assessment Year: 2014-15) Shri Adimoolam Radhakrishnan ITO बनाम #9/5, Masilamani Road, Non-Corporate Ward-12(1), Balaji Nagar, Royapettah, Chennai. / Vs. Chennai-600 014. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAAPR-8170-L (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri V. Balaji (Advocate)- Ld.AR � थ�कीओरसे/Respondent by : Shri R. Raghupathy (Addl.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 18-12-2024 घोषणा की तारीख /Date of Pronouncement : 02-01-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 31-05- 2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s. 147 r.w.s. 144 r.w.s. 144B of the Act on 27-03-2022. The registry has noted delay of 70 days in the appeal. The delay has been attributed to the fact the impugned order was served on wrong email-ID and thus, there was delay. The Ld. AR pleaded for condonation of delay. Since there was sufficient cause, we deem it fit to condone the delay and we proceed with disposal of appeal. The grievance of the assessee is two-fold – (i) Addition of cash deposits of Rs.135.37 Lacs and (ii) Computation of income under the head Income from house property.

2.

Upon perusal of assessment order as well as appellate order, it could be seen that the assessee has failed to make any representation therein. The Ld. AR has prayed for another opportunity of hearing which has been opposed by revenue.

3.

Though the assessee has remained negligent, however, keeping in mind the principles of natural justice, we accept the prayer of Ld. AR. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its case.

4.

The appeal stand allowed for statistical purposes. Order pronounced on 2nd January, 2025

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →