TOOMPATI SUBBARAO,TAMIL NADU vs. INCOME TAX OFFICER, TAMIL NADU
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice, granted another opportunity to the assessee to present its case. The impugned order was set aside and the appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal for AY 2019-20 was confirmed by the CIT(A) due to non-appearance. The assessee sought another opportunity of hearing, which was opposed by the Revenue.
What were the issues?
Whether the assessee should be granted another opportunity to be heard despite previous negligence, and the validity of the assessment order in light of potential jurisdictional issues.
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 MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा�� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ (िनधा�रणवष� / Assessment Year: 2019-20) Shri Toompati Subbarao Income Tax Officer, बनाम/ New No.4/4, Old No.6-281, Non-Corporate Ward 22(6), Sriram Nagar, 2nd Street, Tambaram Vs. Karambakkam, Porur, Chennai – 600 116. �थायीलेखासं./जीआइआरसं./PAN/GIR No. BTEPS-1814-E (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� कीओर से/ Appellant by : Shri Y. Sridhar (FCA)– Ld.AR ��थ� कीओर से/Respondent by : Shri AR.V.Srinivasan (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 21-05-2024 घोषणा की तारीख /Date of Pronouncement : 21-05-2024 आदेश / O R D E R PER BENCH
Aforesaid appeal by assessee for Assessment Year (AY) 2019-20 arises out of an order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 22-09-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s. 144B of the Act on 23-09-2021. In the assessment order, Ld. AO made certain addition which was confirmed by Ld. CIT(A) since the assessee failed to make any appearance therein. Aggrieved, the assessee is in further appeal before us. The Ld. AR has sought another opportunity of hearing which has been opposed by Ld. Sr. DR.
The Ld. Sr. DR submitted that as per portal, the jurisdiction of the assessee do not lie with Chennai AO. However, Ld. AR submitted that the assessee is residing at Chennai and it is deriving income from salary. In the absence of any document showing lack of jurisdiction, the argument of Ld. Sr. DR could not be accepted. 3. Proceeding further, 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. Therefore, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case and supply the requisite information. 4. The appeal stand allowed for statistical purposes. Order pronounced on 21st May, 2024.
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