PONNY RETAILS PRIVATE LIMITED,CHENNAI vs. ACIT CIRCLE 1 LTU, CHENNAI

PDF · subscribers
ITA 930/CHNY/2024Status: DisposedITAT Chennai28 June 2024AY 2014-15Bench: HON’BLE SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) failed to follow the principles of natural justice by not considering the assessee's submissions and additional evidence. The assessment order was passed ex-parte shortly after the Covid-19 pandemic.

What were the facts?

The assessee company failed to file its return of income. The Assessing Officer (AO) reopened the case based on information about the sale of immovable property and made an addition under Section 68. The CIT(A) confirmed the AO's order without considering additional evidence filed by the assessee.

What were the issues?

Whether the CIT(A) erred in not considering the additional evidence and submissions of the assessee, thereby violating principles of natural justice. Whether the ex-parte assessment order passed post-Covid-19 pandemic warrants a de novo assessment.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 148,Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MANU KUMAR GIRI, JM & SHRI S.R. RAGHUNATHA

Hearing: 24.06.2024Pronounced: 28.06.2024

O R D E R

PER MANU KUMAR GIRI (Judicial Member ) This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023- 24/1060531004(1) dated 06.02.2024 for assessment year 2014- 2015. The assessment was framed by the ACIT, Circle 1, LTU, - 2 - Chennai for the assessment year 2014-15 u/s.147 r.w.s 144 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 30.03.2022.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →