THANGAVEL TATAPRABHU,TIRUPPUR vs. ITO, WARD 2(3), TIRUPPUR

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ITA 564/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2012-13Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while acknowledging the assessee's negligence, granted another opportunity for a de novo adjudication by the CIT(A) on payment of Rs. 5,000/-. This is to uphold the principle of natural justice.

What were the facts?

The assessee's appeal for AY 2012-13 was dismissed by the CIT(A) due to non-appearance. The AO had made an addition of Rs. 31.01 Lacs on account of cash deposits.

What were the issues?

Whether the assessee should be granted a fresh opportunity to present their case before the CIT(A) despite previous non-appearances, and under what conditions.

Which sections of the Income-tax Act were involved?

Section 143(3)

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

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of an passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 16-01-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Act on 30-12-2019. The assessee has failed to appear during first appellate proceedings. None has appeared for assessee even before us. The Ld. Sr. DR pleaded for dismissal of the appeal.

2.

In the assessment order, Ld. AO made addition of cash deposit for Rs.31.01 Lacs. The Ld. CIT(A) dismissed the appeal since assessee failed to make any submissions therein. Aggrieved, the assessee is in further appeal before us.

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. The same would come at a cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to learned CIT(A) who shall proceed for de novo adjudication after affording 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 on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 20th May, 2024.

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