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Facts
The assessee's appeal for AY 2018-19 arose from a CIT(A) order that confirmed an addition of cash deposits of Rs. 413.66 Lacs made by the AO. The assessee had failed to appear before the lower authorities.
Held
Despite the assessee's negligence and failure to appear, the tribunal, in the interest of natural justice, decided to provide another opportunity for the assessee to present its case.
Key Issues
Whether the assessee should be given another opportunity to present its case before the AO for denovo assessment, despite previous failures to appear and negligence.
Sections Cited
147, 144
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
(िनधा9रणवष9 / Assessment Year: 2018-19) Smt. Manjula Karthikeyan ITO बनाम/ 395/1, Lakshmi Nagar, Ward-1, Vs. Senthamangalam, Tiruvarur-610 002. Tiruvarur. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ASLPM-3924-A (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Ms. T.V. Muthu Abirami, (Advocate) - Ld. AR � थ�कीओरसे/Respondent by : Shri Ashwin D Gowda (Addl.CIT) - Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 21-10-2024 घोषणा की तारीख /Date of Pronouncement : 21-10-2024 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 05-06-2024 in the matter of an assessment framed by the Ld.AO u/s 147 r.w.s 144 of the Act on 31-01-2024. In the assessment order, Ld. AO made addition of cash deposits for Rs.413.66 Lacs. The Ld. CIT(A) confirmed the same. It could be seen that the assessee has failed to appear before any of lower authorities.
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 assessment is restored back to the file of Ld. AO for denovo assessment with a direction to the assessee to substantiate its case.
The appeal stand allowed for statistical purposes. Order pronounced on 21st October, 2024.