MODERN FACILITY AND SECURITY MANAGEMENT,CHENNAI vs. ITO, NCC 19(6), CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, while acknowledging the assessee's negligence, restored the assessment to the file of the AO in the interest of natural justice, subject to a cost of Rs. 10,000/- payable to the Tamil Nadu State Legal Services Authority.
What were the facts?
The assessee filed an appeal against an ex-parte order passed by the CIT(A) which confirmed the estimation of income by the AO. The assessee had failed to appear before the lower authorities.
What were the issues?
Whether the assessee should be granted another opportunity for hearing before the lower authorities after failing to appear initially.
Which sections of the Income-tax Act were involved?
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*रण वष* / Assessment Year: 2014-15) Modern Facility and Security Management ITO C/o. Moses Ravikumar, Sabari Nivas, Non-Corporate Circle-19(6) बनाम 10, Gurudeva Nagar, IAF Road, Chennai. / Vs. East Tambaram, Selaiyur Post, Chennai-600 073. �थायीलेखासं./जीआइआरसं./TAN/PAN No. AARFM-7280-R (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri J. Saravanan (Advocate) – Ld.AR ��थ�कीओरसे/Respondent by : Ms. R. Anita (Addl.CIT) - Ld. Sr. 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)
Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of an ex-parte order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 27-03-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144 r.w.s 147 of the Act on 27-09-2019. The registry has noted a delay of 58 days in the appeal, which stands condoned. Upon perusal of assessment order, it could be seen that Ld. AO estimated income @ 6.5% of gross receipts amounting to Rs.113.92 Lacs. The Ld. CIT(A) confirmed the same. The assessee failed to appear before any of the lower authorities. Aggrieved, the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.
Though the assessee has remained negligent in substantiating its case, however, keeping in mind the principle of natural justice, 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.10,000/- 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.
The appeal stand allowed for statistical purposes. Order pronounced on 9th October, 2024
More judgments on Section 147
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- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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