KUPPURAJ ARUNKUMAR,COIMBATORE vs. INCOME TAX OFFICER, COIMBATORE

आयकर अपीलीय अिधकरण ‘बी’’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ (SMC) 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./ ITA No.615/Chny/2024 (िनधा�रणवष� / Assessment Year: 2017-18) Kuppuraj Arunkumar, Vs. The Income Tax Officer, No.63A, Bharathi Nagar Keerthi Thottam, Non Corporate Ward 1(3) Lakshmi Narayana Illam, Coimbatore. Kempatty Colony, Near Lake View Apartment, Coimbatore 641 001. [PAN: AZJPA 1768R] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : None ��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 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 09.01.2024 in the matter of assessment order framed by the Ld.AO u/s 144 of the Act on 26-09-2019. 2. Brief facts are that the assessee during demonetization period had deposited Rs.24,72,400/- however, total deposits during the entire financial year

2 ITA No.615/Chny/2024 2016-17 was Rs.28,10,489/-. The AO observed that out of total deposits of Rs.28,10,489/- in financial year 2016-17, Rs.23,75,000/- deposited in the bank account was unexplained. Hence, in the absence of explanation AO proceeded ex- parte assessment u/s 144 of the Act and made an addition u/s 69A as unexplained money. The Ld. CIT(A) confirmed the same since the assessee failed to make any representation therein. Aggrieved, the assessee is in further appeal before us. During hearing none has appeared for assessee. The Ld. Sr. DR has pleaded for dismissal of the appeal. 3. 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. Accordingly, the appeal is restored back to learned CIT(A) for denovo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits. 4. The appeal is allowed for statistical purposes.

Order pronounced on 29th day of May, 2024

Sd/- Sd/- (मनोज कुमार अ�वाल) (मनु कुमार िग�र) (MANOJ KUMAR AGGARWAL) (MANU KUMAR GIRI) लेखा सद� / ACCOUNTANT MEMBER �ाियक सद� / JUDICIAL MEMBER चे�ई Chennai: िदनांक Dated : 29-05-2024 KV आदेश क� ��त�ल�प अ�े�षत /Copy to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF