YALEY CHIT FUNDS PRIVATE LIMITED,ERODE vs. DCIT,CIRCLE1, ERODE

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ITA 573/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2017-18Bench: 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 condoned the delay in the interest of substantial justice and, invoking the principle of natural justice, set aside the CIT(A)'s order. The appeal was restored to the CIT(A) for de novo adjudication after providing the assessee with a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal for AY 2017-18 was filed with a significant delay. The CIT(A) had confirmed additions made by the AO due to the assessee's non-appearance.

What were the issues?

Whether the assessee should be granted another opportunity to present its case before the CIT(A) despite previous non-appearance and delay.

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

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: 2017-18) M/s.Yaley Chit Funds Private Limited ACIT, बनाम/ 223, EVN Road, Mettur Road, Circle-1, Vs. Erode-638 001. Erode. �थायीलेखासं./जीआइआरसं./PAN/GIR No.AAACY-0719-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S.Sridhar(Advocate) (Erode)(Virtual) -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) 2017-18 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 11-10- 2022 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 20-12-2019.

2.

The registry has noted a delay of 451 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of affidavit of Director of the assessee. In the interest of substantial justice, we condone the delay and proceed for disposal of the appeal on merits. 3. In the assessment order, Ld. AO made various additions / disallowances. The Ld. CIT(A) confirmed the same for want of appearance of assessee. 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. 4. 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. 5. The appeal stand allowed for statistical purposes. Order pronounced on 20th May, 2024.

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