THANGARASU BALAMURUGAN,PERUNGALATHUR vs. NCW CORP WARD 22(1) TBM, TAMBARAM

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ITA 591/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2018-19Bench: 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 hearing based on the principle of natural justice. The matter has been restored to the Assessing Officer for fresh assessment.

What were the facts?

The assessee failed to make submissions during assessment and first appellate proceedings, leading to additions and disallowances. The assessee is now seeking another opportunity to present their case before the tribunal.

What were the issues?

Whether the assessee should be granted another opportunity to present their case despite prior negligence, and the validity of the assessment order passed due to non-submission.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144B

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: 2018-19) Shri Thangarasu Balamurugan ITO/ACIT, बनाम/ No.1/5, Lakshmi Narashimhan Street, Non-Corporate Ward-22(1), Srinivasa Nagar, Perungalathur, Tambaram. Vs. Chennai-600 063. �थायीलेखासं./जीआइआरसं./PAN/GIR No.CAHPB-0580-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri M. Abhishek (FCA)- 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) 2018-19 arises out of an order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 17-01- 2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 144B of the Act on 24-04-2021. In the assessment order, Ld. AO made addition of cash deposit and disallowed business expenditure since the assessee failed to make any submission during assessment proceedings. The position remained the same during first appellate proceedings and accordingly, the assessment was confirmed against which 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.

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 on 20th May, 2024.

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