JAGRUTI BAKUL SHAH,CHENNAI vs. ITO, NCW-11(4), CHENNAI

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ITA 2522/CHNY/2024Status: DisposedITAT Chennai31 December 2024AY 2011-12Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the principle of natural justice, decided to grant the assessee another opportunity to present their case. The impugned order was set aside and the appeal was restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee failed to appear before the lower authorities, leading to an ex-parte assessment order and subsequent ex-parte order from the CIT(A). The AO made an addition of Rs. 40 Lacs on a best judgment basis.

What were the issues?

Whether the assessee should be granted another opportunity to be heard despite previous non-appearances, in the interest of natural justice.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

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

(िनधा)रण वष) / Assessment Year: 2011-12) Mr. Jagruti Bakul Shah ITO बनाम 115, Linghi Chetty Street, Non-Corporate Ward-11(4) / Vs. George Town, Chennai-600 001. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No.BCAPS-6292-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri M. Karunakaran (Advocate) - Ld.AR � थ�कीओरसे/Respondent by : Ms.R. Kavitha (Addl.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 18-12-2024 घोषणा की तारीख /Date of Pronouncement : 31-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2011-12 arises out of an ex-parte order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 21-02-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144 r.w.s 147 of the Act on 12-11-2018. The registry has noted delay of 159 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of affidavit of the assessee. Accepting the same, we condone the delay and proceed for disposal of appeal on merits.

2.

It could be seen that the assessee has failed to appear before any of the lower authorities. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. In the assessment order, Ld. AO made addition of cash deposit for Rs.40 Lacs.

3.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Therefore, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case and supply the requisite information forthwith.

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