AYANANKA BOSE,CHENNAI vs. ACIT NON CORPORATE CIRCLE-20(1), CHENNAI

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ITA 1532/CHNY/2019Status: DisposedITAT Chennai20 November 2019AY 2014-154 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(Appeals) has a responsibility to examine the appeal on merits even if the assessee does not appear. Dismissing the appeal solely on non-appearance is not permissible.

What were the facts?

The assessee's appeal was dismissed by the CIT(Appeals) for non-appearance. The assessee claimed a difference of ₹28,96,089/- between Form 26AS and the return of income was professional advance received in FY 2013-14 and offered for taxation in AY 2015-16.

What were the issues?

Whether the CIT(Appeals) can dismiss an appeal solely on the ground of the assessee's non-appearance without examining the merits of the case.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI S. JAYARAMAN

For Respondent: Shri AR.V. Sreenivasan, JCIT
Hearing: 14.10.2019Pronounced: 20.11.2019

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -7, Chennai, dated 31.03.2019 and pertains to assessment year 2014-15.

2.

No one appeared for the assessee inspite of service of notice by RPAD. The Registry has placed on record the postal acknowledgement as proof of service of notice to the assessee. There may be various reasons for the assessee for not appearing before this Tribunal after receiving the notice by RPAD. One of the reasons presumably is that the assessee may not be interested in prosecuting the appeal. Whatever may be the reason for non-appearance before this Tribunal after receiving the notice of hearing, this Tribunal is expected to dispose the appeal on merit. Therefore, we heard the Ld. Departmental Representative and proceeded to dispose the appeal on merit.

3.

Shri AR.V. Sreenivasan, the Ld. D.R. submitted that the assessee has not appeared even before the CIT(Appeals). Therefore, the CIT(Appeals) dismissed the appeal. On merit, the Ld. D.R. submitted that there was difference of ₹28,96,089/- between the data available in Form 26AS and the return of income filed by the assessee. According to the Ld. D.R., the assessee claimed before the Assessing Officer that the amount of ₹28,96,089/- was received during the financial year 2013-14 as professional advance and the same was offered for taxation in the assessment year 2015-16. In the absence of any material, according to the Ld. D.R., the CIT(Appeals) confirmed the addition made by the Assessing Officer.

4.

Having heard the Ld. D.R., we perused the relevant material available on record including the orders of both the authorities below. The assessee claimed before the Assessing Officer that the advance of ₹28,96,089/- was received during the financial year 2013-14 towards professional advance and the same was offered for taxation in the assessment year 2015-16. This fact was not examined by the CIT(Appeals) and the CIT(Appeals) has simply dismissed the appeal on the ground that the assessee did not appear before him even after service of notice. Under the scheme of Income-tax Act, the CIT(Appeals) has onerous responsibility. The CIT(Appeals) is empowered to enhance the assessment after examining the details of the income furnished by the assessee. Therefore, merely because the assessee has not appeared before the CIT(Appeals), the CIT(Appeals) has no power to dismiss the appeal of the assessee. This Tribunal is of the considered opinion that the CIT(Appeals) is expected to call for records from the Assessing Officer even though the assessee has not appeared before him and dispose the appeal on merit by a speaking order. Since such an exercise was not done by the CIT(Appeals), this Tribunal is of the considered opinion that the matter needs to be re-examined.

Accordingly, the order of the CIT(Appeals) is set aside and the entire issue raised by the assessee is remitted back to the file of the CIT(Appeals). The CIT(Appeals) shall re-examine the matter in the light of the material available on record and thereafter decide the issue in accordance with law, after giving a reasonable opportunity to the assessee.

5.

It is made clear that if the assessee has not appeared before the CIT(Appeals) after service of notice, it is open to the CIT(Appeals) to dispose the appeal on merit on the basis of the material already available on record including the assessment records.

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