CHEERAN JOSE SHUNSON,THRISSUR vs. INCOME TAX OFFICER,WARD 1 & TPS, GURUVAYOOR

Brief facts of the case are that the appellant is proprietor of M/s Four Star Associates and a partner of M/s Nine Star Associates. The return of income for AY 2017-18 was filed on 15.12.2017 declaring total income of Rs. 16,06,850/-. Against the said return of income, the assessment was completed by the ITO, Ward 2(5), Thrissur (hereinafter called "the AO") vide order dated 24.12.2019 passed u/s. 143(3) of the Income Tax Act, 1961 (the Act) at a total

Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.

The learned counsel for the assessee submits before me that the CIT(A), without properly appreciating the explanation offered in support of the source of addition made to the capital, simply confirmed the addition. The CIT(A), without taking into consideration the submissions filed by the appellant, merely confirmed the action of the AO, Therefore, the matter may be remanded to the file of the AO for which the learned Sr. DR had no serious objection.

I find merit in the submissions made by the appellant that the CIT(A) had passed the order without considering the submissions of Cheeran Jose Shunson the appellant in support of the source of addition made to the capital and without taking into account the submissions regarding other additions. I, therefore, remand the matter to the file of the learned CIT(A) for fresh adjudication in accordance with law after affording reasonable opportunity of hearing to the appellant.

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes.