PANDURANGAN PADMANABAN,COIMBATORE vs. DCIT, CENTRAL CIRCLE -2, COIMBATORE

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ITA 708/CHNY/2024Status: DisposedITAT Chennai21 May 2024AY 2014-15Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while acknowledging the assessee's negligence, granted another opportunity for hearing based on the principle of natural justice. The matters were restored to the AO for de novo assessment.

What were the facts?

The assessee failed to appear before the CIT(A) for multiple assessment years, leading to disallowance of salary expenses. The assessee is now appealing these orders.

What were the issues?

Whether the assessee should be granted another opportunity to present their case before the Assessing Officer after failing to appear before the CIT(A).

Which sections of the Income-tax Act were involved?

Section 147

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

For Respondent: Shri AR.V.Srinivasan (Addl.CIT)-Ld. Sr. DR

Heard together (5 matters)

ITA No.708/Chny/2024
ITA No.709/Chny/2024
ITA No.710/Chny/2024
ITA No.711/Chny/2024
ITA No.712/Chny/2024

Read from the judgment's own cause title. This page is filed under one of them.

2 आदेश / O R D E R PER BENCH

1.

Aforesaid appeals by assessee for Assessment Years (AY) 2014- 15 to 2018-19 arises out of separate orders passed by learned Commissioner of Income Tax (Appeals), Chennai-20 [CIT(A)] on 22-01- 2024 in the matter of assessments framed by Ld. Assessing Officer [AO] u/s.147 of the Act on 30-03-2022.

2.

In assessment order for AY 2014-15, Ld. AO disallowed salary expenses of Rs.5 Lacs. The Ld. CIT(A) confirmed the same for want of representation from assessee. Similar assessments have been framed for other years as well wherein the assessee has failed to attend first appellate proceedings. Aggrieved, the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. 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. Therefore, the matter, in all the years, is restored back to the file of Ld. AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case and supply the requisite information. 4. All the appeals stand allowed for statistical purposes. Order pronounced on 21st May, 2024. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (MAHAVIR SINGH) लेखा सद� / ACCOUNTANT MEMBER उपा�� / VICE PRESIDENT चे�ई Chennai; िदनांक Dated : 21-05-2024 3 RSR आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai/Coimbatore/Salem/Madurai 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF

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