PAUL NADAR JACAB THOMAS,TIRUPPUR vs. ITO, WARD-2(4), TIRUPPUR

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ITA 2605/CHNY/2024Status: DisposedITAT Chennai02 January 2025AY 2013-14Bench: HON’BLE SHRI S.S. VISWANETHRA RAVI (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal set aside the impugned orders and restored the matters to the AO for de novo assessment, granting the assessee another opportunity to substantiate their case.

What were the facts?

The assessee filed appeals against orders confirming additions made by the Assessing Officer (AO) on a best judgment basis for AYs 2013-14 and 2014-15. The additions pertained to unexplained cash deposits and investments.

What were the issues?

Whether the assessee should be granted another opportunity to substantiate their case before the AO after failing to do so before lower authorities, despite best judgment assessments.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B,Section 69A

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

Heard together (2 matters)

ITA No.2605/Chny/2024
ITA No.2606/Chny/2024

Read from the judgment's own cause title. This page is filed under one of them.

(िनधा)रण वष) / Assessment Year: 2013-14) & 2. आयकरअपील सं./ (िनधा)रण वष) / Assessment Year: 2014-15) Mr. Paul Nadar Jacab Thomas ITO बनाम 5/55, BU Illam, Sindhu Nagar, Ward-2(4), / Vs. Udumalaipettai, Tirupur-642 126. Tiruppur. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AHNPJ-9583-B (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri Raghav Rajeev Menon (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 appeals by assessee for Assessment Years (AY) 2013- 14 & 2014-15 arise out of separate orders of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] both dated 13-08-2024 in the matter of separate assessments 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 30-03-2022. The grievance of the assessee is confirmation of addition of cash deposits of Rs.145.84 Lacs in AY 2013-14 and addition of Rs.166.43 Lacs for AY 2014-15 on account of unexplained investment u/s.69A of the Act. The assessments have been made on best judgment basis. Though the assessee preferred further appeals, it failed to make any representation therein also. Accordingly, the assessments were confirmed. Aggrieved, the assessee is in further appeals before us. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR.

2.

Though the assessee has remained negligent in substantiating its case during lower authorities, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned orders are set aside for both the years and the assessments are restored back to the file of Ld. AO for de novo assessments with a direction to the assessee to substantiate its case forthwith.

3.

Both the appeals stand allowed for statistical purposes. Order pronounced on 2nd January, 2025 Sd/- Sd/- (S. S. VISWANETHRA RAVI) (MANOJ KUMAR AGGARWAL) �ाियक सद! / JUDICIAL MEMBER लेखा सद! / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated :02-01-2025 DS आदेशकीSितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT Coimbatore. 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF

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