LATE ANTONY SWAMY FRANCIS XAVIER, REPRESENTED BY LEGAL HEIR,CHENNAI vs. ITO WARD (1), KANCHIPURAM

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./ ITA No.311/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2017-18) LH of Late Antony Swamy Francis Xavier ITO बनाम A-308, Ramaa Road Ward -1 / Vs. Kuthan Bakkam, Chennai – 600 124 Kancheepuram. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AATPF-4399-Q (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri N.Arjun Raj (Advocate)- Ld. AR � थ�कीओरसे/Respondent by : Shri ARV Srinivasan (Addl. CIT) – Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 29-04-2024 घोषणा की तारीख /Date of Pronouncement : 01-05-2024 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 08-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 of the Act on 07-12-2019. The assessment has been made on best judgment basis and Ld. AO made addition of cash deposit of Rs.27.01 Lacs. The assessee failed to

make any submissions during first appellate proceedings also. Accordingly, the assessment was confirmed against which the assessee is in further appeal before us. The Ld. AR submitted that the assessee has expired on 05-04-2021 and accordingly, prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR. 2. Considering the facts of the case, we deem it fit to grant another opportunity to the legal heirs of the assessee to substantiate their case. Accordingly, the orders of lower authorities are set-aside and the matter is restored back to the file of Ld. AO for de novo assessment with a direction to the legal heirs of the assessee to substantiate their case failing which Ld. AO would be at liberty to proceed with the assessment on the basis of material on record. 3. The appeal stand allowed for statistical purposes. Order pronounced on 1st May, 2024

Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 1st May, 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