PONNAMBALAM THIRUMUGAN,CHENNAI vs. DCIT, CORP CIRCLE 5(2), CHENNAI

Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax, (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 22-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s 254 of the Act on 05-12-2019. The sole grievance of the assessee is confirmation of addition of Rs.81.22 Lacs on account of disallowance of cash deposits in bank account. At the time of hearing, none appeared for assessee. The Ld. Sr. DR pleaded for dismissal of the appeal on the ground that this is second round of appeal.

From assessment order, it could be seen that the assessee merely submitted that student fees received in the hands of RTL academy was deposited in her bank accounts. However, in the absence of sufficient documentary evidences in this respect, the impugned addition was made. The Ld. CIT(A) confirmed the addition since the assessee failed to make any effective representation 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. Accordingly, the appeal is restored back to learned CIT(A) for de novo adjudication after affording reasonable 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. 4. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024 (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) "ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीUितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. " थ"/Respondent 3. आयकरआयु=/CIT 4. िवभागीय"ितिनिध/DR 5. गाडBफाईल/GF