MUTHUKRISHNAN KUMARESAN,CHENNAI vs. ITO, INTERATIONAL TAXATION WARD-1(2), CHENNAI

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.