DD19 KALLIMANDAYAM PRIMARY AGRICULTURAL CO- OPERATIVE CREDIT SOCIETY ODDANCHATRAM,ODDANCHATRAM vs. JCIT(A)-2, DELHI, DELHI

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ITA 179/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2017-18Bench: 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 acknowledging the assessee's negligence, restored the appeal to the CIT(A) for a fresh adjudication on merits to uphold principles of natural justice. The assessee is directed to substantiate its case and will be granted a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal for AY 2017-18 was dismissed by the CIT(A) for non-prosecution. The AO had assessed interest income under Section 56. The assessee did not appear for the hearing before the ITAT.

What were the issues?

Whether the assessee should be granted another opportunity to present its case before the CIT(A) despite non-prosecution, considering principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 56

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: 2017-18) DD19 Kallimandayam Primary Agricultural ITO बनाम/ Co-operative Credit Society Ward-1 Kallimandayam Post, Dindigul. Vs. Oddanchatram-624 616. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABAD-0376-L (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) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 12-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 25-11-2019. At the time of hearing none appeared for the assessee. In the assessment order, the Ld. AO assessed interest income u/s 56. The Ld. CIT(A) dismissed the appeal for non-prosecution. 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 on merits 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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