,ADATHUPALAYAM DURAISAMY GANESHAMOORTHY,ERODE vs. ITO, WARD -1(1), ERODE

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ITA 167/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2010-11Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while noting the assessee's negligence, restored the appeal to the CIT(A) for de novo adjudication to grant the assessee another opportunity to substantiate its case, adhering to the principles of natural justice.

What were the facts?

The assessee's appeal for AY 2010-11 arose from an assessment framed under section 147 r.w.s 144 of the Act, which included an addition of Rs. 39.26 Lacs on account of cash deposits. This addition was confirmed by the CIT(A).

What were the issues?

Whether the assessee should be granted a fresh opportunity to present its case before the CIT(A) despite prior negligence, to ensure natural justice.

Which sections of the Income-tax Act were involved?

Section 147,Section 144

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: 2010-11) Shri Madathupalayam Duraisamy ITO Ganeshamoorthy Ward -1(1) बनाम/ Vs. L-375/54, First floor, Periyar Nagar, Erode. Surampatty, Erode-638 009. �थायीलेखासं./जीआइआरसं./PAN/GIR No. APTPG-7354-K (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : None � 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)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2010-11 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 30-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s 144 of the Act on 24-12-2018. 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.39.26 Lacs. The position remained the same during first appellate proceedings and accordingly, the assessment was confirmed. Aggrieved, 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 assessee to substantiate its case. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication with a direction to the assessee to substantiate its case. A reasonable opportunity of hearing shall be granted to the assessee. 3. The appeal stand allowed for statistical purposes. Order pronounced in open court on 17th April, 2024.

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