SUBRAMANIAM RAMASAMY,TIRUPPUR vs. DCIT, CIRCLE-1, TIRUPPUR
What did the Tribunal hold?
The Tribunal found that the CIT(A) did not consider the submissions and evidence filed by the assessee. Therefore, both issues were set aside to the AO for fresh consideration after providing an adequate opportunity of hearing.
What were the facts?
The assessee filed an appeal against the assessment order for AY 2014-15. The Assessing Officer made additions on account of unexplained cash credit and cash payments. The CIT(A) dismissed the ground on cash credit but granted partial relief on cash payments.
What were the issues?
Whether the CIT(A) properly considered the evidence and submissions regarding unexplained cash credit and disallowance of cash payments. The scope of business expediency in relation to Rule 6DD and Section 40A(3) was also a point of contention.
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 MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
आयकर अपीलीय अिधकरण ‘ए’’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी मनु कुमार िग�र, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा�रणवष� / Assessment Year: 2014-15) Subramaniam Ramasamy, Vs. The Deputy Commissioner of Prop: Asia Textiles, Income Tax, 119-A, Rasagoundenpalayam, Circle -1, Manickapuram, Tirupur. Palladam, Tirupur 641 664. [PAN: ASIPS 0010J] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. S. Sridhar, Advocate ��यथ� क� ओर से /Respondent by : Shri. R. Mukundan, IRS, JCIT. सुनवाई क� तार�ख/Date of Hearing : 12.06.2024 घोषणा क� तार�ख /Date of Pronouncement : 19.06.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)
The instant appeal filed by the assessee is directed against the order dated 24.08.2023 passed by the NATIONAL FACELESS APPEAL CENTRE (NFAC), Delhi, arising out of the assessment order dated 10.11.2016 passed u/s section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) by the ITO for Assessment Year 2014-15.
The registry has noted delay of 25 days in filing the appeal. Ld. Counsel for the assessee submitted that the assessee was not well and advised rest by doctor. Considering the reasons and adopting pragmatic approach, the delay in filing of the appeal is condoned and appeal is admitted for adjudication.
The appellant has taken five grounds of appeal which are as under: ‘’1) The Order of the Learned First Appellate Authority is bad and erroneous in law. 2) The Assessing Officer as well as the Learned First Appellate Authority erred in not considering the submissions and evidences filed by the Appellant in proper perspective. 3) Without prejudice to the generality of the foregoing grounds, the Learned First Appellate Authority erred in not considering the plea of the Appellant that the payments were made to business parties only out of business expediency, more particularly when the Appellant explained that the suppliers insisted on immediate payment for smooth supply of goods. 4) Without prejudice, the Learned First Appellate Authority erred in observing that business expediency is not covered under Rule 6DD of the Income Tax Rules and that none of the circumstances mentioned therein are applicable, without considering the larger and broader scope and effect of Section 40A (3) to the present scenario. 5) Without prejudice, the Learned First Appellate Authority erred in making addition of Rs.18 Lakhs in the hands of the Appellant by observing that the Appellant did not file any evidence for the source of income of the HUF, despite acknowledging the factum of transfer of money by the HUF to the Appellant, which is not taxable u/s.10, thereby extending the scrutiny of the Appellant to that of the HUF, which is not permissible’.
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