Facts
The assessee, an AOP running a school, failed to file an income tax return. After a notice under Section 148A(b), a return was filed showing an income of Rs. 4,09,230. During assessment, undisclosed cash deposits of Rs. 2,48,11,359 were found. The Assessing Officer completed the assessment ex-parte at Rs. 2,52,20,590.
Held
The Tribunal noted that the assessee did not provide sufficient time for evidence submission and also failed to appear before the lower appellate authority. While acknowledging the assessee's lack of representation, the Tribunal, in the interest of natural justice, set aside the order.
Key Issues
Whether the ex-parte assessment order passed without affording sufficient opportunity to the assessee is sustainable, and whether principles of natural justice were followed.
Sections Cited
148A(b), 142(1), 147, 144, 144B, 12A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL & HON’BLE SHRI MANU KUMAR GIRI
(िनधा�रणवष� / Assessment Year: 2015-2016) G. Ramaswamy Naidu Matric Hr. Vs. The Assistant Commissioner of Sec. School, Income Tax (Exemptions) Secondary School Campus, Coimbatore Avanashi Road, Civil Aerodrome P.O. Race Course, Coimbatore 641 018. [PAN: AABTG 4164C] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. N. Arjun Raj, Advocate ��यथ� क� ओर से /Respondent by : Ms. D. Komali Krishna, IRS, CIT. सुनवाई क� तार�ख/Date of Hearing : 17.12.2024 घोषणा क� तार�ख /Date of Pronouncement : 19.12.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)
This appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax(Appeals)(NFAC) Delhi [CIT(A)] dated 12.09.2024 for Assessment Year 2015-16.
Brief facts of the case are that the appellant is an AOP and not registered u/s 12A of the Act and the said trust is running a school by the G Ramaswamy Naidu Matric Higher Secondary School and not filed any return of income. Notice u/s 148A(b) of the Act was issued and duly served. In response to the same, the appellant had filed the return of income declaring total income at Rs. 4,09,230/-. During the course of assessment proceedings, the AO issued notice u/s 142(1) & show-case notice. In response to the same, the appellant has not compliance any details. On perusal of the documents furnished the AO came to the conclusion that the appellant had deposited cash amounting to Rs. 2,48,11,359/- in bank account and not offered any taxation for the said transitions. The Assessing Officer completed the assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act by assessing the total Income Rs. 2,52,20,590/- thereby raising the tax demand of Rs. 2,34,11,007/-. Assessee further challenged the ex-parte order of assessment u/s 147 r.w.s 144 r.w.s. 144B of the Act before the ld.CIT(A) who proceeded ex-parte and confirmed the order of the AO on merits. Aggrieved, assessee is in appeal before us.
Before the ld. Counsel for assessee submitted that the AO has not given sufficient time to file evidence and documents to substantiate his explanation. The ld.DR stated that the assessee is habitual defaulter in appearing before the appellate authority hence no lenient view is to be taken in this case and prayed for dismissal of appeal.
Though we concur with the submissions of Ld. Sr. DR however, keeping in mind the principle of natural justice and grant another opportunity of hearing