CHOCKALINGAM RAJASEKAR,SALEM vs. DCIT CIRCLE 1-(1), SALEM
What did the Tribunal hold?
The Tribunal, citing principles of natural justice, granted the assessee another opportunity to substantiate their case. The lower authorities' orders were set aside, and the matter was restored to the AO for a de novo assessment.
What were the facts?
The assessee's appeal for AY 2017-18 arose from a best judgment assessment due to non-representation. The CIT(A) confirmed additions of Rs. 20.23 Lacs, Rs. 10.77 Lacs, and Rs. 14.36 Lacs. The assessee sought another opportunity to present their case.
What were the issues?
Whether the assessee should be granted another opportunity to present their case before the Assessing Officer, despite previous non-representation and confirmation of additions by lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
आयकर अपीलीय अिधकरण ‘ए’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2017-18) Shri Chockalingam Rajasekar DCIT बनाम/ Vs. 65, Brindavan Road, AVK Nagar, Circle- 1(1), Salem-636 004. Salem. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ACCPR-2067-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri D. Anand (Advocate)- Ld.AR � थ�कीओरसे/Respondent by : Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 30-04-2024 घोषणा की तारीख /Date of Pronouncement : 06-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 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] on best judgment basis u/s 144 of the Act on 23- 09-2019. The grievance of the assessee is confirmation of certain additions i.e., Rs.20.23 Lacs as unexplained money u/s.69A, Rs.10.77 Lacs as unaccounted business income and Rs.14.36 Lacs as unaccounted house property income. The registry has noted a delay of one day in the appeal, which stand condoned.
The assessment has been framed on best judgment basis since the assessee failed to make any representation therein. The position remained the same during appellate proceedings as well and accordingly, the assessment was confirmed. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. 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 orders of lower authorities are set aside and 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 framing of assessment on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीTितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF
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