NITHYANANDAM THABASUM,SALEM vs. DCIT CIRCLE 1, HOSUR
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice and the assessee's negligence, granted another opportunity for the assessee to present its case. The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal before the ITAT arose from an order of the CIT(A) which confirmed the additions made by the AO under Section 69A. The assessee had failed to appear before the CIT(A) despite multiple opportunities.
What were the issues?
Whether the assessee should be granted another opportunity to present its case before the CIT(A) despite previous non-compliance, and the validity of the CIT(A)'s order passed ex-parte.
Which sections of the Income-tax Act were involved?
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: 2017-18) Mrs. Nithyanandam Thabasum DCIT-1 बनाम/ 1/149/1, Hyder Fuels, Hosur . Royakotta Road, Vs. Krishnagiri-635 001. "थायीलेखासं./जीआइआरसं./PAN/GIR No. AGPPT-8208-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant by : Shri T.S.Subramaniam (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)
Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 30.10.2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 16.12.2019. The registry has noted a delay of 98 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of affidavit of the assessee stating that due to illness of the Accountant of the assessee firm, there was delay in filing of appeal. The medical certificate to that effect has also been placed on record. Considering the same, the delay is condoned and we proceed with disposal of the appeal on merits.
In the assessment order, Ld. AO made additions u/s 69A. Though the assessee preferred further appeal, it failed to make any representation therein despite being provided with various opportunities of hearing as noted in para-3 of the impugned order. Accordingly, the assessment was confirmed. Aggrieved, 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. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication with a direction to the assessee 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 Salem. 4. िवभागीय"ितिनिध/DR 5. गाडFफाईल/GF
More judgments on Section 69A
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