The assessee's appeal was confirmed by the CIT(A) as the assessee failed to make any representation. The AO had made an addition of Rs. 35.38 Lacs on account of cash deposits.

What were the issues?

Whether the assessee should be given another opportunity to present their case before the appellate authorities, despite prior negligence.

Ramaiah Sathya, Karaikudi vs ACIT | ITAT Chennai 2024

Q: What did the Tribunal hold?

The Tribunal, in the interest of natural justice, granted another opportunity to the assessee to substantiate its case. The appeal was restored back to the CIT(A) for fresh adjudication.

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 26-12-2023 in the matter of an assessment framed by Ld. AO u/s 143(3) vide order dated 21-12-2019. In the assessment order, Ld. AO made addition of cash deposit for Rs.35.38 Lacs. The Ld. CIT(A) confirmed the assessment since the assessee failed to make any representation during appellate proceedings. Aggrieved, the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

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 Ld. CIT(A) for fresh adjudication after affording 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 adjudicate the appeal on the basis of material on record.

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 : 01-05-2024 DS आदेशकीVितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF

RAMAIAH SATHYA,KARAIKUDI vs. ACIT,CIRCLE-1, KARAIKUDI

What did the Tribunal hold?

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