BANU MODERN RICE MILL,CHENNAI vs. ITO, NCW-13(2), CHENNAI

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ITA 1938/CHNY/2024Status: DisposedITAT Chennai09 October 2024AY 2014-15Bench: HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the assessment back to the file of the AO, acknowledging the assessee's negligence but also considering the principle of natural justice and the assessee's arguments. This restoration is conditional upon the assessee depositing Rs. 5,000/- towards legal services.

What were the facts?

The assessee's appeal for AY 2014-15 arose from an ex-parte order by the CIT(A) after the AO made an addition of Rs. 18.99 Crores under Section 40A(3). The Tribunal had previously restored the issue to the CIT(A), but the assessee failed to appear, leading to the confirmation of the assessment.

What were the issues?

Whether the assessee's failure to appear before the lower authorities warrants dismissal, or if the principle of natural justice should allow for a fresh adjudication, especially considering the nature of the assessee's business.

Which sections of the Income-tax Act were involved?

Section 40A(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI ABY T. VARKEY, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

(िनधा*रणवष* / Assessment Year: 2014-15) Banu Modern Rice Mill ITO #6, Thirunagar, 1st Street, बनाम/ Non-Corporate Ward-13(2) 100 Feet Road, Vadapalani, Chennai. Vs. Chennai-600 026. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AADFB-9233-F (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S. Sridhar (Advocate) - Ld. AR � थ�कीओरसे/Respondent by : Shri Clement Ramesh Kumar (CIT) -Ld. DR सुनवाईकीतारीख/Date of Hearing : 24-09-2024 घोषणाकीतारीख /Date of Pronouncement : 09-10-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of an ex-parte order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 28-06-2024 in the matter of assessment framed by the Ld.AO u/s 143(3) of the Act on 31-12-2016. In the assessment order, Ld. AO made certain addition of Rs.18.99 Crores invoking the provisions of Sec. 40A(3). The same reached to Tribunal wherein, vide order dated 24-08- 2022, the issue was restored back to the file of Ld. CIT(A) for fresh adjudication. However, the assessee failed to appear even during set aside proceedings and accordingly, the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. The Ld. AR submitted that the assessee is dealing in rice which is agricultural produce and therefore, the aforesaid provisions may not apply to the assessee. The Ld. Sr. DR opposed any interference in the impugned order on the ground that the assessee has remained negligent.

2.

Though the assessee has remained negligent in substantiating its case even as per the directions of Tribunal, however, keeping in mind the principle of natural justice as well as the arguments of Ld AR, we accept the prayer of Ld. AR and restore the assessment back to the file of Ld. AO. The same would come at a cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to learned AO who shall proceed for framing of assessment afresh. The assessee is directed to substantiate its case forthwith.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 9th October, 2024

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