SENTOU METALS (P) LTD.,COIMBATORE vs. ITO, CO, WARD-4(2), COIMBATORE

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ITA 2622/CHNY/2024Status: DisposedITAT Chennai31 December 2024AY 2014-15Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal, in the interest of natural justice, granted the assessee another opportunity for hearing. This was subject to the assessee paying a cost of Rs. 10,000/- to the Tamil Nadu State Legal Services Authority.

What were the facts?

The assessee's appeal for AY 2014-15 was dismissed by the CIT(A) as the assessee failed to make any representation. The assessment was framed by the AO on a best judgment basis.

What were the issues?

Whether the assessee should be granted another opportunity for hearing despite previous non-representation, and the conditions for such an opportunity.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 144B

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: 2014-15) M/s. Sentou Metals Private Limited ITO बनाम/ 3/20, Balan Nagar, Company Ward-4(2) Vs. Kavundampalayam, Coimbatore-641 030. Coimbatore. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AANCS-1970-R (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S. Sridhar (Advocate) Erode- Ld.AR � थ�कीओरसे/Respondent by : Ms. D. Komali Krishna (CIT) - Ld. 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) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-08-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s. 147 r.w.s. 144 r.w.s. 144B of the Act on 20-03-2022. In the assessment order, Ld. AO has made various additions on best judgment basis and determined the income at Rs.359.49 Lacs. The Ld. CIT(A) confirmed the same since the assessee failed to make any representation therein also. 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. CIT-DR.

2.

Keeping in mind the principles of natural justice, we accept he prayer of Ld. AR. However, the same would be subject to payment of cost of Rs.10,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to learned AO who shall proceed for de novo assessment. The assessee is directed to substantiate its case forthwith.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 31st December, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 31-12-2024 DS आदेशकी@ितिलिपअ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT Coimbatore. 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF

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