HI-TECH HOUSING PROJECTS PRIVATE LIMITED,CHENNAI vs. DCIT CORP CIRCLE 2(2), CHENNAI

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ITA 475/CHNY/2024Status: DisposedITAT Chennai06 May 2024AY 2017-18Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, while acknowledging the assessee's negligence, granted another opportunity for substantiating the case based on the principle of natural justice. This is subject to a cost of Rs. 5,000 to be deposited with the Tamil Nadu State Legal Services Authority.

What were the facts?

The assessee's appeal for AY 2017-18 was dismissed by the CIT(A) due to non-representation despite multiple notices. The Assessing Officer had made an addition of Rs. 665.64 Lacs under Capital Gains.

What were the issues?

Whether the assessee should be granted another opportunity to present their case before the CIT(A) despite previous non-appearances, and under what conditions.

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, “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 सद# एवं माननीय �ी मनु कुमार िग&र, �ाियक सद# के सम'। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा(रण वष( / Assessment Year: 2017-18) Hi Tech Housing Projects P. Limited DCIT बनाम Corporate Circle-2(2) Old No.19, New No. 32, Cathedral Garden Road, Nungambakkam Chennai. / Vs. Chennai-600 034. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACH-2527-C (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Shri AR V Sreenivasan (Addl.CIT) - Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 30-04-2024 घोषणाकीतारीख /Date of Pronouncement : 06-05-2024 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 the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 12-01-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 29-12-2019. The Ld.AO made addition of Rs.665.64 Lacs under the head Capital Gains. The Ld. CIT(A) confirmed the same since the assessee failed to make any representation therein despite 9 hearing notices as tabulated in para-4 of the impugned order. Aggrieved, the assessee is in further appeal before us wherein none has appeared for assessee. The Ld. Sr. DR has pleaded for dismissal of the appeal. 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. The same would come at a cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to Ld. CIT(A) who shall proceed 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 on the basis of material on record. 4. The appeal stand allowed for statistical purposes. Order pronounced on 6th May, 2024

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