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Facts
The assessee's appeal for AY 2018-19 arose from an order confirming the assessment of Long Term Capital Gains. The assessee failed to make representations before the lower authorities despite opportunities. The appeal was filed with a delay of 93 days, which was condoned.
Held
While noting the assessee's negligence, the Tribunal, in the interest of natural justice, granted another opportunity to substantiate the case. The impugned order was set aside and restored to the CIT(A) for fresh adjudication.
Key Issues
Whether the assessee should be given another opportunity to substantiate their case before the lower authorities, despite prior negligence and missed opportunities?
Sections Cited
147, 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:रणवष: / Assessment Year: 2018-19) Mrs. Shanmugasundaram Vijayalakshmi ITO बनाम/ #12/34, Arunachalam Road, Saligramam, Non-Corporate Ward-8(1) Vs. Chennai-600 093. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ABRPV-0658-H (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Ms.T.M. Suganthamala (Addl.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 10-12-2024 घोषणा की तारीख /Date of Pronouncement : 10-12-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2018-19 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 19-04-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.147 r.w.s 144B of the Act on 22-03-2023. The registry has noted a delay of 93 days in the appeal which stands condoned.
At the time of hearing, none appeared for assessee and Ld. Sr. DR pleaded for dismissal of the appeal. The sole grievance of the assessee is assessment of Long Term Capital Gains of Rs.31.50 Lacs. The Ld. CIT(A) confirmed the same since the assessee failed to make any representation therein despite being provided with various opportunities of hearing as tabulated in para-3 of the impugned order. Aggrieved, the assessee is in further appeal before us.
Though the assessee has remained negligent in substantiating its case during first appeal, 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 lower authorities. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for fresh adjudication with a direction to the assessee to substantiate its case forthwith.
The appeal stand allowed for statistical purposes. Order pronounced in open court on 10th December, 2024.