RAMASAMY KANDASAMY,NAMAKKAL vs. ITO, WARD-1,, NAMAKKAL

Aforesaid appeal by assessee for Assessment Year (AY) 2011-12 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 12-03-2024 in the matter of assessment framed by the Ld. Assessing Officer (AO) on best judgment basis u/s 147 r.w.s 144 of the Act on 29-11-2019. The Registry has noted delay of 72 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the assessee. Considering the period of delay, we condone the delay and proceed for adjudication of the appeal on merits. The limited payer of Ld. AR is to send back the matter back to the file of lower authorities which has been opposed by Ld. Sr. DR.

In the assessment order, Ld. AO made addition of Rs.14.79 Lacs being cash deposited by the assessee in bank accounts. The Ld. CIT(A) confirmed the same since the assessee failed to appear before any of the lower authorities. Aggrieved, the assessee is in further appeal before us.

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.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.

The appeal stand allowed for statistical purposes. Order pronounced on 24th September, 2024 (ABY T. VARKEY) NYAYIK SADASYA / JUDICIAL MEMBER चेन्नई Chennai; दिनांक Dated :24-09-2024 DS (MANOJ KUMAR AGGARWAL) LEKH SADASYA / ACCOUNTANT MEMBER", "summary": {"facts": "The assessee's appeal for AY 2011-12 arose from an order confirming an addition of Rs. 14.79 Lacs made by the AO on a best judgment basis. The assessee had failed to appear before lower authorities.", "held": "The Tribunal condoned the delay in filing the appeal and restored the assessment to the file of the AO for fresh adjudication. This was on the condition that the assessee pays Rs. 5,000/- to the Tamil Nadu State Legal Services Authority.", "result": "Allowed", "sections": ["147", "144"], "issues": "Whether the assessment order, framed on a best judgment basis due to non-appearance, should be restored for fresh adjudication after condoning the delay in appeal?"}} "}} appeal filing."}} ."}}