GOWRISANKARAN RAMAMURTHY,CHENNAI vs. ITO, NON CORP. WARD 22(6), CHENNAI
What did the Tribunal hold?
The Tribunal set aside the assessment and restored the matter to the Assessing Officer for de novo assessment. The assessee was directed to substantiate its case, and a reasonable opportunity of hearing was to be granted.
What were the facts?
The assessee failed to file a return of income and did not pay advance tax. The Assessing Officer made a best judgment assessment, and the CIT(A) dismissed the assessee's appeal for non-admission.
What were the issues?
Whether the appeal should be admitted when the assessee failed to pay advance tax and file a return of income. The primary issue was the non-admission of the appeal by the lower appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2015-16) Shri Gowrisankaran Ramamurthy ITO बनाम/ Vs. No.1, Arul Neri Nagar Extension, Non-corporate Ward-22(6) Sembakkam, Chennai-600 073. Tambaram. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AGCPG-1136-F (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S. Anandh (Advocate)-Ld.AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 17-04-2024 घोषणा की तारीख /Date of Pronouncement : 17-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 23-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 of the Act on 25-03-2023. The assessee is aggrieved by confirmation of addition of Rs.58.94 Lacs which represents cash deposits.
It could be seen that the assessment was made on best judgment basis. The assessee did not file any return of income. The Ld. CIT(A), considering the provisions of Sec.249(4)(b), observed that the assessee failed to pay advance tax which was due on its income. Accordingly, the appeal was not admitted against which the assessee is in further appeal before us. The Ld. AR submitted that the assessee did not file return of income on the belief that it had no tax liability. The Ld. Sr. DR submitted that the assessee is a non-filer and failed to substantiate its case.
Considering the fact that the assessee has remained unrepresented before lower authorities, we set aside the assessment and restore the matter back to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its case forthwith. A reasonable opportunity of hearing shall be granted to the assessee. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 17th April, 2024.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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