LATE VARISAIMOHAMMED SYDAMOHAMMEDREP BY SON AND L/H SYDHAMOHAMMED MOHAMMED YASIN,NAMAKKAL vs. ITO, WARD-1, THIRUCHENGODU

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ITA 276/CHNY/2024Status: DisposedITAT Chennai01 May 2024AY 2017-18Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while noting the assessee's negligence, restored the appeal to the CIT(A) for fresh adjudication to uphold the principle of natural justice. The legal heir is directed to substantiate their case, failing which the CIT(A) can proceed on merits.

What were the facts?

The assessee's appeal for AY 2017-18 was dismissed by the CIT(A) after the AO framed assessment on a best judgment basis, adding cash deposits of Rs. 12.32 Lacs. The assessee's legal heir appealed this order.

What were the issues?

Whether the assessee's legal heir should be granted another opportunity to present their case before the CIT(A) after a best judgment assessment was confirmed.

Which sections of the Income-tax Act were involved?

Section 144

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

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 13-10-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 of the Act on 25-09-2019. The registry has noted a delay of 51 days in the appeal which stand condoned. At the time of hearing, none appeared for assessee. However, it emerges that the assessment has been framed on best judgment basis making addition of cash deposit of Rs.12.32 Lacs. The position remained the same during first appellate proceedings and accordingly, the assessment was confirmed. Aggrieved, the legal heir of the assessee is in further appeal before us. The Ld. Sr. DR has pleaded for dismissal of the appeal. , 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 legal heir of the assessee to substantiate their case. Accordingly, the appeal is restored back to the file of Ld. CIT(A) for fresh adjudication after affording reasonable opportunity of hearing to the legal heirs of the assessee. The representative is directed to substantiate their case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 1st May,2024 (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) "ाियक सद# / JUDICIAL MEMBER लेखा सद# / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated :01-05-2024 DS आदेशकीIितिलिपअ"ेि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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