K.VIKRAMAN,DHARMAPURI vs. ITO WARD 1, DHARMAPURI
What did the Tribunal hold?
The Tribunal, considering the assessee's plea of unavoidable circumstances, granted one more opportunity to substantiate the case before the AO. The orders of the lower authorities were set aside and the issue was remitted back to the AO.
What were the facts?
The assessee, a partner in a firm, filed his return of income. The AO noticed high-value bank transactions not reflected in the return and initiated reassessment proceedings. The assessee failed to appear before the AO and CIT(A), leading to ex-parte orders.
What were the issues?
Whether the assessee should be granted another opportunity to present their case before the AO and CIT(A) after failing to appear before them.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI INTURI RAMA RAO & SHRI DUVVURU R.L.REDDY
आदेश / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER:
The assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-Salem, in Appeal No.109/2017-18 dated 20.03.2019 for the AY 2010-11.
Brief facts of the case are that the assessee is a partner in M/s.Sri Vinayaga Aqua Minerals, a firm running water purifier plant and Bottling Plant filed his return of income for the AY 2010-11 on 21.06.2011, admitting a total income of Rs.3,02,800/-. The AO found that the assessee had made high value bank transactions to the tune of Rs.13,46,300/- during the financial year 2009-10, through his Savings Bank A/c in ICICI Bank. These transactions were not reflected in the return of income filed by the assessee for the AY 2010-11 and notice was issued u/s.148 and the same was served on the assessee on 30.03.2017. after considering the submissions made by the assessee, the AO concluded the assessment and made an addition of Rs.13,46,300/- and assessed at rs.16,49,100/-.
On being aggrieved, the assessee preferred an appeal before the Ld.CIT(A). The Ld.CIT(A) has issued hearing notice to the assessee but the assessee failed to appear before the Ld.CIT(A). Therefore, the Ld.CIT(A) passed an ex-parte order confirming the orders passed by the AO.
On being aggrieved, the assessee preferred an appeal before the Tribunal. The Ld.Counsel for the assessee submitted that due to unavoidable circumstances, the assessee was not able to substantiate the case of the assessee before the lower authorities and he pleaded for one more opportunity.
Per contra, the Ld.DR submitted that both the authorities have given sufficient opportunities to the assessee but there was no response from the assessee. Hence, the authorities below passed an ex-parte order.
Therefore, the orders passed by the Ld.CIT(A) liable to be confirmed.
We have heard both the parties, perused the materials available on record and gone through the orders of authorities below.
Admittedly, the AO had passed assessment order u/s.144 of the Act and the Ld.CIT(A) had also passed an ex-parte order. The contention of the assessee’s representative is that due to unavoidable circumstances, the assessee/his representative failed to appear before the authorities below. Considering the facts and circumstances of the assessee’s case, we are of the considered opinion that it is a fit case to grant one more opportunity to the assessee to substantiate its case before the AO.
Consequently, we set aside the orders passed by the Ld.CIT(A) and remit this issue back to the file of the AO for consideration afresh after giving one more opportunity of being heard to the assessee. The assessee is directed to cooperate with the AO, if the assessee fails to cooperate with the AO, the order dated 29.12.2017 passed by the AO holds good.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced on the 13th day of September, 2019 in Chennai.
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