MUTHUKRISHNAN KUMARESAN,CHENNAI vs. ITO, INTERATIONAL TAXATION WARD-1(2), CHENNAI
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice, decided to grant the assessee another opportunity to present its case. The appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee, a non-resident, appealed against an order confirming an addition of Rs. 11.26 Lacs as unexplained cash credits. The assessee failed to appear before the CIT(A) and sought another opportunity before the ITAT.
What were the issues?
Whether the assessee should be granted another opportunity to substantiate its case before the CIT(A) despite prior non-appearance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, A BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HONBLE SHRI MANU KUMAR GIRI, JM
(िनधा9रणवष9 / Assessment Year: 2020-21) Shri Muthukrishnan Kumaresan ITO बनाम/ #174, Habibullah Road, International Taxation Vs. Thyagaraya Nagar, Chennai-600 017. Ward-1(2), Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AIHPK-6063-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Ms. R. Sumedha (Advocate) for Ms. G. Vardini Karthik, Advocate -Ld. AR � थ�कीओरसे/Respondent by : Shri Ashwin D Gowda (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 22-10-2024 घोषणा की तारीख /Date of Pronouncement : 22-10-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee arises out of an order passed by Learned Commissioner of Income Tax (Appeals), Chennai-16 [CIT(A)] on 27-09-2023 in the matter of an assessment framed by the Ld.AO u/s.143(3) r.w.s 144C of the Act on 20-05-2022. The registry has noted delay of 255 days, the condonation of which has been sought by Ld. AR on the strength of affidavit of the assessee. It has been stated that the assessee being non-resident was fully dependent on its Chartered Accountant who delayed to inform about the impugned order to the assessee. Considering the period of delay and contents of affidavit, the delay is condoned and we proceed with disposal of the appeal.
In the assessment order, Ld. AO made addition of cash deposits for Rs.11.26 Lacs which represents unexplained cash credits u/s 68. The Ld. CIT(A) confirmed the same. It could be seen that the assessee failed to appear before Ld. CIT(A). During hearing before us, Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.
Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to provide another opportunity of hearing to the assessee to substantiate its case. Accordingly, the appeal is restored back to the file of Ld. CIT(A) for denovo adjudication with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 22nd October, 2024.
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