NALLASAMY MOHANRAJ,ERODE vs. ITO,MWARD-2(3), ERODE

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ITA 111/CHNY/2024Status: DisposedITAT Chennai07 May 2024AY 2010-11Bench: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the principle of natural justice and the assessee's negligence, granted another opportunity for the assessee to substantiate its case. The matter was restored to the AO for a de novo assessment.

What were the facts?

The Assessing Officer made additions for cash deposits and capital gains. The CIT(A) confirmed these additions as the assessee failed to provide substantiation. The assessee appealed to the ITAT.

What were the issues?

Whether the assessee should be granted another opportunity to substantiate its claims before the lower authorities, despite prior negligence.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, CHENNAI

Before: HON’BLE SHRI S.S. VISWANETHRA RAVI, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “सी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय �ी एस. एस. िव�ने� रिव, �ाियक सद! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद! के सम(। BEFORE HON’BLE SHRI S.S. VISWANETHRA RAVI, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा,रण वष, / Assessment Year: 2010-11) Shri Nallasamy Mohanraj ITO बनाम 23, Bhajan Street, Nadupalayam, Ward-2(3) Vellottamparappu Post Office Erode. / Vs. Erode-638 154. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AOZPM-4517-R (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S.Sridhar (Advocate) -Ld. AR � थ�कीओरसे/Respondent by : Shri P.Sajit Kumar (JCIT)-Ld.DR सुनवाईकीतारीख/Date of Hearing : 02-05-2024 घोषणाकीतारीख /Date of Pronouncement : 07-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2010-11 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 r.w.s 147 of the Act on 31-12-2018. In the assessment order, Ld. AO made addition of cash deposit and certain addition under the head capital gains. The Ld. CIT(A) confirmed the same since assessee failed to substantiate it stand therein. Aggrieved, the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing before lower authorities 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, the matter is restored back to learned AO for de novo assessment after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO shall be at liberty to proceed with assessment on merits on the basis of material on record. The Ld. Sr. DR has pleaded for imposition of cost However, considering the background of the assessee, the bench is not inclined towards the same. 3. The appeal stand allowed for statistical purposes. Order pronounced on 7th May, 2024 Sd/- Sd/- (S. S. VISWANETHRA RAVI) (MANOJ KUMAR AGGARWAL) �ाियक सद! / JUDICIAL MEMBER लेखा सद! / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated : 07-05-2024 DS आदेशकीSितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु</CIT 4. िवभागीय�ितिनिध/DR 5. गाडAफाईल/GF

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