SUNIL KUMAR SIVADASAN,KODAIKANAL vs. ITO, WARD-1, DINDIGUL, DINDIGUL

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ITA 290/CHNY/2024Status: DisposedITAT Chennai18 June 2024AY 2017-18Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) to await the outcome of the assessee's pending petition before the CBDT for condonation of delay in payment. If the petition is not accepted, the CIT(A) is to consider granting credit for taxes paid.

What were the facts?

The assessee declared undisclosed income under the Income Declaration Scheme-2016 but failed to pay the taxes by the due dates. Consequently, the declaration was treated as void, and the Assessing Officer made an addition under Section 69A, taxable at 60% under Section 115BBE.

What were the issues?

Whether the addition made under Section 69A is sustainable when the assessee has filed a petition for condonation of delay in payment under the IDS-2016 scheme.

Which sections of the Income-tax Act were involved?

Section 69A,Section 115BBE,Section 147,Section 144,Section 119(2)(b)

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 सद4 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Sunil Kumar Sivadasan ITO Ward-1, बनाम/ No.1, Prop. Vishuthi Constructions Dindigul. Sidda Vaidya Salai, Anna Salai, Vs. Kodaikanal-624 101. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AOZPK-8325-B (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri P.M. Kathir (Advocate) -Ld.AR � थ�कीओरसे/Respondent by : Shri R. Mukundan (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 13-06-2024 घोषणा की तारीख /Date of Pronouncement : 18-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 10-01-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s 144 of the Act on 12-03-2021.

2.

In the assessment order, Ld. AO noted that the assessee filed declaration in Form No.1 under Income Declaration Scheme-2016 (IDS) on 29-09-2019 declaring undisclosed income of Rs.4.52 Lacs. However, the assessee failed to adhere to due dates for payment of taxes payable under the scheme. Accordingly, the declaration was treated as void by appropriate authority. Considering the same, Ld. AO made addition thereof u/s 69A which would be taxable at special rate of 60% u/s 115BBE. The Ld. CIT(A) confirmed the action of Ld. AO against which the assessee is in further appeal before us. 3. It has been brought to the notice that the assessee has preferred petition u/s 119(2)(b) before Hon’ble CBDT on 11-06-2024 requesting for condonation of delay in payment in IDS-2016. The same is pending for disposal and the same would have material bearing on the impugned assessment. Considering the same, we restore the appeal back to the file of Ld. CIT(A) to await the outcome of the above petition. If the petition is not accepted, Ld. CIT(A) may consider granting of credit of taxes paid by the assessee under the scheme in accordance with law. 4. The appeal stand allowed for statistical purposes. Order pronounced on 18th June, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated :18-06-2024 DS आदेशकीNितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु>/CIT, Madurai . 4. िवभागीय�ितिनिध/DR 5. गाडCफाईल/GF

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