Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL & HON’BLE SHRI MANU KUMAR GIRI
[PAN: CSSPK 8670C] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. T.S. Lakshmi Venkataraman, C.A. ��यथ� क� ओर से /Respondent by : Shri. Ashwin D Gowda, IRS, Addl. CIT. सुनवाई क� तार�ख/Date of Hearing : 22.10.2024 घोषणा क� तार�ख /Date of Pronouncement : 23.10.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)
This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2024-25/1065441669(1) dated 06.06.2024. The assessment was framed by the Income Tax Officer, Ward 1, Krishnagiri for the assessment year 2017-2018 u/s.144 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 29.10.2019 2. Brief facts of the case are that the assessee is an individual. As per the information available to the Department, it was noticed that the assessee has made cash deposits in "Specified Bank Notes (SBNs)' (Demonetized Currency) in bank account(s) during the Demonetized period (i.e. from 9.11.2016 to 30.12.2016) relevant for the Assessment Year 2017-18. It is further noticed that the assessee had not filed any return of income as required as per the provisions of section 139 of Income-tax Act for the aforesaid period. Notices u/s.142(1) of the Act were issued to the assessee. However there was no response from assessee. Hence, ld. Assessing Officer made an addition of Rs.95,01,591/- and completed the assessment.
Aggrieved assessee preferred an appeal before the ld.CIT(A), who dismissed the appeal of assessee on merits, although assessee failed to appear before the ld.CIT(A) despite four notices. Assessee is in further appeal before us.
Before us, ld. Counsel for the appellant submitted that the ld. AO as well as the ld. CIT(A) had not properly followed the principles of natural justice in true spirit. Ld. Counsel for the appellant further prayed that if an adequate opportunity of hearing is given before ld.AO, assessee will prosecute the case in assessment proceedings properly. Per contra, ld.Addl. CIT-DR relied upon the orders of the lower authorities and prayed for dismissal of appeal.
We have gone through the orders of lower authorities and submissions addressed by both parties before us. We are of the considered view that in the Assessing Officer to prosecute his case. Therefore, in the light of aforesaid factual position we deem it fit to set aside this appeal to the file of Assessing Officer for denovo adjudication of appeal. The Assessing Officer who shall proceed for denovo adjudication of appeal after providing proper opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith without any fail, failing which Assessing Officer shall be at liberty to proceed with the assessment as per law.
In the result, appeal filed by the assessee is allowed for statistical purpose.
Order pronounced in the open court on 23rd day of October, 2024 at Chennai.