SRI ARUMUGA COTTSPIN PRIVATE LIMITED,COIMBATORE vs. CIT(A)-19, COIMBATORE`
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice, set aside the CIT(A)'s order. The appeal was restored to the CIT(A) for re-adjudication after providing the assessee with an adequate opportunity to be heard and substantiate its claims.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) primarily due to non-appearance, leading to the confirmation of additions made by the AO. The assessee failed to attend appellate proceedings despite opportunities. The additions included suppression of sales and amounts under Section 68.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal for non-appearance without a speaking order, violating principles of natural justice. Whether the assessee should be given another opportunity to present its case before the appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, CHENNAI
Before: HON’BLE SHRI V. DURGA RAO & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
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 (Appeals)-19, Chennai [CIT(A)] dated 29-11-2019 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 30-12-2018.
2 - 2. The assessee has filed concise grounds of appeal as well as certain additional grounds of appeal. During hearing, Ld. AR, drawing our attention to the impugned order, submitted that the assessee’s appeal has been dismissed primarily for non-appearance and the additions have been confirmed by non-speaking order. The Ld. DR, on the other hand, submitted that the assessee failed to appear before the appellate authority as is evident from para-5 of the impugned order and the assessee’s own negligence has resulted into the confirmation of the assessment order.
3. Having heard rival submissions and after going through the orders of lower authorities, our adjudication would be as under.
4. The assessee has been assessed u/s. 143(3) on 30-12-2018 wherein the total income has been determined at Rs. 810.80 Lacs after certain addition of suppression of sales as well as certain addition u/s 68. Though the assessee preferred further appeal before Ld. CIT(A), however, it failed to attend the appellate proceedings despite being provided with various opportunities of being heard. Consequently, the assessment order was confirmed primarily for non-appearance. Aggrieved, the assessee is in further appeal before us.
5. We are of the considered opinion that though the assessee has remained negligent in attending the appellate proceedings, however, keeping in view the principal of natural justice, we deem it fit to set aside the impugned order and restore the appeal back to the file of the Ld. CIT(A) for re-adjudication by way of speaking order. Adequate opportunity of hearing shall be provided to the assessee and the assessee, in turn, is directed to substantiate its claim failing which Ld.
CIT(A) shall be at liberty to proceed with the appeal on the basis of material on record. 6. The appeal stands allowed for statistical purposes.
Order pronounced on 09th February, 2022.
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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