D.SIVAKUMAR,CHENNAI vs. INCOMETAX OFFICER, NON-CORPORATE WARD-3(3), CHENNAI

Aforesaid appeal by assessee for Assessment Year (AY) 2016- 17 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 01-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s 144B of the Act on 17-03-2022. The registry has noted delay of 15 days in the appeal, which stand condoned. At the time of hearing, none appeared for assessee but the assessee sought adjournment which was rejected due to the fact that the assessee has failed to make effective representation before lower authorities.

In the assessment order, Ld. AO made addition of Rs.12.07 Lacs being loan taken from one Shri S. Thangarajan since the assessee could not furnish any tenable evidence in support of the same. The Ld. CIT(A) allowed partial relief of Rs.4 Lacs and confirmed the balance addition since the assessee could not substantiate the same. Aggrieved, the assessee is in further appeal before us.

We are of the opinion that the onus was on assessee to prove the genuineness of the aforesaid loan. Keeping in mind the principle of natural justice, we deem it fit to grant another opportunity of hearing to the assessee. Therefore, the issue of addition of Rs.8.07 Lacs stand restored back to the file of Ld. AO for fresh adjudication with a direction to the assessee to substantiate the same.

The appeal stand allowed for statistical purposes. Order pronounced on 03rd June. 2024. (S. S. VISWANETHRA RAVI) (MANOJ KUMAR AGGARWAL) "ाियक सद! / JUDICIAL MEMBER लेखा सद! / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated : 03-06-2024 DS

" थ"/Respondent 3. आयकरआयु</CIT Chennai 4. िवभागीय"ितिनिध/DR 5. गाडAफाईल/GF