J. SATHISH KUMAR,CHENNAI vs. ITO, NCW-6(1),, CHENNAI

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ITA 2574/CHNY/2024Status: DisposedITAT Chennai31 December 2024AY 2016-17Bench: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while noting the assessee's negligence, granted another opportunity for the assessee to substantiate its case before the AO, citing principles of natural justice. The impugned order was set aside, and the assessment was restored for de novo assessment.

What were the facts?

The assessee's appeal for AY 2016-17 concerns an addition of Rs. 54.81 Lacs as unexplained investment. The assessment was framed on a best judgment basis, and the assessee failed to appear before the lower appellate authorities.

What were the issues?

Whether the assessee should be granted another opportunity to present its case before the Assessing Officer, despite previous non-compliance.

Which sections of the Income-tax Act were involved?

Section 69,Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

(िनधा)रण वष) / Assessment Year: 2016-17) Shri J. Sathish Kumar ITO बनाम 47,Giriappa Road, T.Nagar, Non-Corporate Ward-6(1), / Vs. Chennai-600 017. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ABCPS-7134-A (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri Sethuraman for Shri C.S. Hariharan (CA)- Ld. AR � थ�कीओरसे/Respondent by : Shri R. Raghupathy (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) 2016-17 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 09-08- 2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s. 144B of the Act on 28-05-2023. Upon perusal of assessment order, it could be seen that the assessment has been framed on best judgment basis making addition of closing cash balance of Rs.54.81 Lacs as unexplained investment u/s.69 of the Act. The assessee failed to appear during first appellate proceedings also and accordingly, the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR.

2.

Though the assessee has remained negligent in substantiating its case during lower authorities, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case before Ld. AO. Accordingly, the impugned order is set aside and the assessment is restored back to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its case forthwith.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 31st December, 2024

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