JJ708 CHINNAMBEDU PRIMARY AGRL COOP CREDIT SOCIETY,CHINNAMBEDU vs. AO 92, WARD TIRUVALLUR
Facts
The assessee's appeal challenges an order that confirmed the Assessing Officer's denial of cash withdrawal of ₹1,67,42,000. The CIT(A) had confirmed the AO's order due to a lack of documentary evidence or explanations from the assessee.
Held
The Tribunal, after hearing both parties and considering an undertaking, decided to remand the matter to the Assessing Officer. This is subject to the condition of the assessee paying ₹50,000 to the State Legal Aid Authority. The AO is to decide the issue afresh after considering submissions and evidence.
Key Issues
Whether the denial of withdrawal of cash was justified, and whether the matter should be remanded to the Assessing Officer for fresh consideration after payment of costs.
Sections Cited
147
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Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आयकर अपीलीय अिधकरण, ’बी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी एस.आर. रगुनाथॎ, लेखा सद� के सम� Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No.3796/Chny/2025 िनधा�रण वष�/Assessment Year: 2018-19 Chinnambedu Primary Agril. Co-op. Vs. The Income Tax Officer, Credit Society, JJ708, Chinnambedu Ward 1, Village, Chinnambedu Post, Ponneri Thiruvallur. Taluka, Thiruvallur 601 206. [PAN:AABAJ1447N] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri S. Vignesh, C.A. ��थ� की ओर से/Respondent by : Ms. Gouthami Manivasagam, JCIT सुनवाई की तारीख/ Date of hearing : 17.02.2026 घोषणा की तारीख /Date of Pronouncement : 25.02.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 13.10.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2018-19.
At the outset, we note that the Assessing Officer denied withdrawal of cash from Kanchipuram Cooperative Bank to an extent of
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₹.1,67,42,000/- and completed the assessment vide his order dated 30.03.2023 passed under section 147 of the Income Tax Act, 1961 [“Act” in short], which were challenged before the ld. CIT(A), wherein, he confirmed the order of the Assessing Officer in the absence of any documentary evidence or explanations filed by the assessee.
After hearing both the parties, upon perusing material on record and considering the undertaking brought on record by the ld. AR Shri S. Vignesh, C.A., we deem it proper to remand the matter to the file of the Assessing Officer subject to the condition of payment of ₹.50,000/- in favour of the State Legal Aid Authority, Hon’ble High Court of Madras within 30 days from the date of receipt of this order and the Assessing Officer shall satisfy the payment of cost and decide the issue afresh after considering the written submissions/ documentary evidences as may be filed by the assessee to substantiate its claim. In any case, the assessee fails to appear before the assessing authority, it is open to the Assessing Officer to complete the assessment based on the material available on record and to pass order in accordance with law. Thus, the grounds raised by the assessee are allowed for statistical purposes.
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In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 25th February, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 25.02.2026 Vm/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.
