SAJAN RAJ,CHENNAI vs. ITO, NON CORPORATE WARD-22(6), CHENNAI
What did the Tribunal hold?
The Tribunal, considering the principle of natural justice, granted the assessee another opportunity to present its case. The impugned order was set aside, and the appeal was restored to the CIT(A) for fresh adjudication.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for non-attendance. The original assessment order included an addition of Rs. 12.61 Lacs on account of cash deposit.
What were the issues?
Whether the assessee should be granted another opportunity to present its case before the appellate authority despite previous non-attendance.
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: 2017-18) Shri Sajan Raj ITO बनाम/ Vs. 1, 7th Street, Balaji Nagar, Non-Corporate Ward-22(6) Anakaputhur, Chennai-600 070. Tambaram. �थायीलेखासं./जीआइआरसं./PAN/GIR No. BUEPS-2686-F (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri H. Yeshwanth Kumar (CA)-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) 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. Assessing Officer [AO] u/s. 143(3) of the Act on 14-11-2019. In the assessment order, the assessee was saddled with addition of Rs.12.61 Lacs on account of cash deposit. Though the assessee preferred further appeal, it did not attend appellate proceeding and accordingly, the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing 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 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 forthwith without any fail. 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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