ASHOK BALAKRISHNAN,HOSUR vs. ITO, INTERNATIONAL TAXATION -2(1), CHENNAI

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ITA 571/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2011-12Bench: 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 noting the assessee's negligence, granted another opportunity for hearing in the interest of natural justice. The matter was restored to the AO for fresh assessment after providing a reasonable opportunity to the assessee.

What were the facts?

The assessee, a non-resident individual, appealed an addition of Rs. 13.90 Lacs made by the AO on account of cash deposits, as the source could not be established. This position remained the same before the CIT(A).

What were the issues?

Whether the assessee should be granted another opportunity to substantiate the source of cash deposits, despite previous negligence.

Which sections of the Income-tax Act were involved?

Section 147,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

आयकर अपीलीय अिधकरण ‘बी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग8र, �ाियक सद4 के सम9। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा:रणवष: / Assessment Year: 2011-12) Shri Ashok Balakrishnan ITO बनाम/ D No.74/20A, GKD Nagar 1st floor, Int. Taxation Ward -2(1), Vs. Avalapalli Road, Hosur-635 109. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AEPPA-7746-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri J.Saravanan (Advocate) -Ld. AR � थ�कीओरसे/Respondent by : Shri S. Easwar (JCIT)-Ld. DR सुनवाई की तारीख/Date of Hearing : 20-05-2024 घोषणा की तारीख /Date of Pronouncement : 20-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2011-12 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 25-01- 2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s 143(3) of the Act on 26-12-2019. In the assessment order, Ld. AO made addition of cash deposit of Rs.13.90 Lacs. The assessee is a non-resident individual. The addition was made since the assessee could not establish the source of the same. The position remained the same before first appellate authority. The Ld. AR has sought another opportunity of hearing which has been opposed by Ld. Sr. DR.

2.

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, we restore the matter back to the file of Ld. AO for fresh assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO would be at liberty to proceed with the assessment on the basis of material on record. 3. The appeal stand allowed for statistical purposes. Order pronounced in open court on 20th May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे2ई Chennai; िदनांक Dated : 20-05-2024 DS आदेशकीNितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु;/CIT 4. िवभागीय�ितिनिध/DR 5. गाड@फाईल/GF

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