LAL CHAND,CHANDIGARH vs. INCOME TAX OFFICER, WARD SANGRUR, PUNJAB

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ITA 1228/CHANDI/2024Status: DisposedITAT Chandigarh20 May 2025AY 2012-13Bench: SHRI LALIET KUMAR (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, considering principles of natural justice and potential communication gaps in the faceless regime, decided to grant the assessee another opportunity to present their case before the CIT(A). The impugned order was set aside and the appeal restored.

What were the facts?

The assessee's appeal for AY 2012-13 arose from a CIT(A) order confirming an addition of Rs. 13.00 Lacs cash deposit. The AO had made additions under Section 143(3) r.w.s. 147, which were upheld by the CIT(A) despite the assessee claiming the accounts belonged to others and he was an agriculturist.

What were the issues?

Whether the assessee should be granted another opportunity to substantiate their claim before the CIT(A) in light of principles of natural justice and the faceless regime.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

(िनधा�रणवष� / Assessment Year: 2012-13) Shri Lal Chand ITO H.No. 2382 Top Floor बनाम/ Vs. Ward Sector 22-C, Chandigarh. Sangrur 148001. �थायीलेखासं./जीआइआरसं./PAN/GIR No.AFNPC-4579-C (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Sh. Parikshit Aggarwal (CA) and Ms Shruti Khandewal (Advocate) – Ld. AR ��थ�कीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 20-05-2025 घोषणाकीतारीख /Date of Pronouncement : 20-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 27-06-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s. 147 of the Act on 30-12-2019. The sole grievance of the assessee is confirmation of addition of cash deposit for Rs.13.00 Lacs. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under. The registry has noted delay of 112 days in the appeal which stand condoned.

2.

It emerges that Ld. AO made impugned additions of bank deposits in the hands of the assessee though the assessee maintained that the accounts belonged to the others and the case was handled by Enforcement Directorate and also under Benami Act. However, Ld. AO rejected the explanation of the assessee. The Ld. CIT(A) did not admit the delay for want of delay and also confirm the assessment on merits. During first appeal, the assessee stated that he was an agriculturist by profession and also engaged in operating a motor vehicle which fetched him certain income. However, in the absence of any verifiable evidences, Ld. CIT(A) confirmed the assessment against which the assessee is in further appeal before us. The Ld. AR has sought another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

3.

Keeping in mind the principles of natural justice and considering the possibility of communication gaps during faceless regime, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) with a direction to the assessee to plead and prove its case forthwith. The delay before Ld. CIT(A) stand condoned.

4.

The appeal stand allowed for statistical purposes. Order pronounced on 20-05-2025. Sd/- Sd/- (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER लेखा सद� /ACCOUNTANT MEMBER Dated: 20-05-2025. आदेश की �ितिलिप अ�ेिषत / Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF ASSISTANT REGISTRAR

ITAT CHANDIGARH

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