A RAJA,TENKASI vs. ASSESSMENT UNIT, NEW DELHI

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ITA 888/CHNY/2024Status: DisposedITAT Chennai03 July 2024AY 2020-21Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while acknowledging the assessee's negligence, granted another opportunity for hearing based on the principle of natural justice. This is subject to a cost of Rs. 5,000 to be deposited with the Tamil Nadu State Legal Services Authority.

What were the facts?

The assessee's appeal for AY 2020-21 concerns the confirmation of an addition of Rs. 25.90 Lacs as unexplained income, representing agricultural income. The assessee failed to appear before the CIT(A) despite multiple opportunities.

What were the issues?

Whether the assessee should be granted a further opportunity to present their case before the appellate authority, despite previous non-compliance.

Which sections of the Income-tax Act were involved?

Section 69A,Section 115BBE

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “ए” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय "ी महावीर िसंह, उपा ! एवं माननीय "ी मनोज कुमार अ%वाल ,लेखा सद( के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा)रण वष) / Assessment Year: 2020-21) Shri A. Raja ITO बनाम/ #92/7, North Street, Ward-4, Kurukkalpatti , Sankarankoil-627 756. Tirunelveli. Vs. Tenkasi Dist. "थायीलेखासं./जीआइआरसं./PAN/GIR No. AOMPR-8774-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant by : Shri Y. Sridhar (FCA) - Ld.AR " थ"कीओरसे/Respondent by : Shri AR V Sreenivasan (Addl.CIT) -Ld. DR सुनवाईकीतारीख/Date of Hearing : 24-06-2024 घोषणाकीतारीख /Date of Pronouncement : 03-07-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2020-121 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 06.02.2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 144B of the Act on 26.09.2022. The sole grievance of the assessee is confirmation of addition of Rs.25.90 Lacs u/s.69A r.w.s 115BBE of the Act which represents agricultural income.

2.

From para-4 of impugned order it could be seen that the assessee has failed to appear during first appellate proceedings despite being provided with several opportunities of hearing. Accordingly, impugned addition was confirmed against which the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR.

3.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. 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 CIT(A) who shall proceed for de novo adjudication after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 3rd July, 2024 (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा45 / VICE PRESIDENT लेखा सद7 / ACCOUNTANT MEMBER चे9ई Chennai; िदनांक Dated :03-07-2024 DS आदेशकीIितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयुA/CIT Madurai. 4. िवभागीय"ितिनिध/DR 5. गाडFफाईल/GF

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