NAGAPPA CHETTIYAR SRINIVASAN,KRISHNAGIRI vs. ITO,WARD 1, KRISHNAGIRI, KRISHNAGIRI

At the outset, Ld. Counsel for the appellant submitted that Ld. CIT(A) had not adhered to the principles of natural justice. Ld. Counsel for the appellant further prayed that if an adequate opportunity of hearing is given to appellant, appellant would prosecute his case properly before the Ld. CIT(A).

The Ld. Sr. DR pleaded for dismissal of the appeal on the ground that the assessee failed to appear before the ld. first appeal authority.

Brief facts of the case are that the Assessing Officer passed assessment order under section 143(3) of the Act vide order dated 24.12.2019 and made addition on account of cash deposits during demonetisation period treated as unexplained investments under section 69 and taxed u/s115BBE of the Act. Upon further appeal, the assessee did not appear before the first appeal authority. Accordingly, the assessment was confirmed on merits against which assessee is in further appeal before us.

We have heard the rival contention and perused the material on record. Though we concur with the submissions of Ld. Sr. DR however keeping in mind the principle of natural justice we deem it fit to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and

In the result, the appeal of the assessee in ITA No.155/Chny/2024 for assessment year 2017-2018 is allowed for statistical purpose.