ARUNACHALAM,CHENNAI vs. ITO, NON-CORP WARD-15(1), CHENNAI

PDF · subscribers
ITA 605/CHNY/2024Status: DisposedITAT Chennai29 May 2024AY 2010-11Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the principle of natural justice, decided to grant the assessee another opportunity to present its case with documentary evidence. Both appeals were restored for de novo adjudication.

What were the facts?

The assessee's appeals for AY 2010-11 and 2012-13 involved additions made by the AO under Section 68. For AY 2010-11, the CIT(A) rejected additional evidence filed by the assessee. For AY 2012-13, the appeal was dismissed for non-appearance.

What were the issues?

Whether the CIT(A) was justified in rejecting additional evidence and dismissing the appeal for non-appearance, and if a fresh opportunity should be granted to the assessee.

Which sections of the Income-tax Act were involved?

Section 68,Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

Hearing: 20.05.2024Pronounced: 29.05.2024

आयकर अपीलीय अिधकरण ‘बी’’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ 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: 2010-11) Arunachalam, Vs. The Income Tax Officer, 21/3, Old No.43A, Non Corporate Ward 15(1) 2nd Avenue Road, Chennai 600 034. Indira Nagar, Adyar, Chennai 600 020. [PAN: ADWPA 9208M] आयकरअपील सं./ Assessment Year: 2012-13) (िनधा�रणवष� / Vs. The Income Tax Officer, Arunachalam Associates Non Corporate Ward 15(1) 21/3, Old No.43A, Chennai 600 034. 2nd Avenue Road, Indira Nagar, Adyar, Chennai 600 020. [PAN: AANFA 6942L] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. N.V. Krishnan, Advocate ��यथ� क� ओर से /Respondent by : Shri. S. Easwar, IRS, JCIT. सुनवाई क� तार�ख/Date of Hearing : 20.05.2024 घोषणा क� तार�ख /Date of Pronouncement : 29.05.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member)

Aforesaid appeals by different assessees for Assessment Years (AYs) 2010-11 and 2012-13 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 09.01.2024 and 02-02-2024 in the matter of assessment orders framed by the Ld.AO u/s 147 r.w.s 144 of the Act on 28-12-2017 and 16.12.2019 respectively. During assessment proceedings of AY 2010-11, AO made an addition of Rs.67,19,923/- as unexplained cash credits u/s 68 of the Act whereas in AY 2012-13 made two additions viz; Income from Business of Rs.2,50,584/- and unexplained cash credit u/s 68 of Rs.1,46,57,324/-.

2.

For AY 2010-11, before Ld.CIT(A), appellant filed written submissions alongwith certain documents but Ld.CIT(A) considered those documents as additional evidence under Rule 46A(1) hence rejected the same as not admissible. Aggrieved, the assessee is in further appeal before us. Ld.Counsel submitted that the matter required to set aside to AO for fresh adjudication so that evidence can be lead before AO.

3.

Similarly for AY 2012-13, before Ld.CIT(A), appellant did not appear before CIT(A) after seeking adjournment hence appeal has been dismissed with enhancement of income.

4.

In both the matters, the Ld. Sr. DR has pleaded for dismissal of the appeals.

5.

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 with documentary evidence. Accordingly, both the appeal for AY 2010-11 is restored back to learned AO for de novo adjudication and appeal for AY 2012-13 is restored back to learned CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which AO or Ld. CIT(A) as the case may be, shall be at liberty to proceed with disposal of matters on merits.

6.

In the result, the appeals in & 606/Chny/2024 for assessment years 2010-2011 and 2012-2013 are allowed for statistical purposes.

Order pronounced in open court on 29th day of May, 2024 at Chennai.

More judgments on Section 68

All 29,931 judgments and leading authorities on Section 68 →

Recent GST High Court judgments

Search GST case law →