KANNIAN UDAYAPRAKASH,CHENNAI vs. ITO, NON CORP WARD-19(1), CHENNAI

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ITA 206/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2011-12Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and restored the appeal to the file of the CIT(A) for de novo adjudication. The assessee was directed to properly substantiate their case, and the CIT(A) was given liberty to proceed on merits if the assessee failed to do so.

What were the facts?

The assessee's appeal against an ex-parte order of the CIT(A) was heard. The CIT(A) had confirmed the assessment made by the AO under section 143(3) r.w.s 147, including an addition on account of unexplained income under section 68.

What were the issues?

Whether the principles of natural justice were followed by the CIT(A) and if the assessee was provided with adequate opportunity of hearing.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 68

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

Hearing: 17.04.2024Pronounced: 17.04.2024

आयकर अपीलीय अिधकरण ‘ ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी मनु कुमार िग�र, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा�रणवष� / Assessment Year: 2011-12) Vs. The Income Tax Officer, Kannian Udayaprakash, Non Corporate Ward 19(1) New No.27, Old No.14, Chennai Balaji Street, Kodambakkam, Chennai 600 024. [PAN: ABJPU 9946K] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. H. Yeshwanth Kumar, C.A. ��यथ� क� ओर से /Respondent by : Shri P. Sajit Kumar, IRS, JCITG सुनवाई क� तार�ख/Date of Hearing : 17.04.2024 घोषणा क� तार�ख /Date of Pronouncement : 17.04.2024 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member)

This appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax(Appeals)(NFAC) Delhi [CIT(A)] in order No.ITBA/NFAC/S/250/2023-24/1059085441 (1) dated 27.12.2023. The assessment was framed by the Income Tax Officer, Non Corporate Ward 14 (4), Chennai for the assessment year 2011-12 passed u/s.143(3) r..w.s 147 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 20.12.2018.

2.

At the outset, Ld. Counsel for the appellant submitted that Ld. CIT(A) had not followed 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).

3.

On the other hand, 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.

4.

From the case record, it emerges that Assessing Officer passed assessment order under section 143(3) r.w. section 147 of the Act vide order dated 20.12.2018 and made addition on account of unexplained income u/s 68. Assessment Order under section 143(3) r.w. section 147 of the Act dated 20.12.2018 was further challenged in appeal wherein the assessee did not appear before the first appeal authority. Accordingly, the assessment was confirmed on merits and appeal was disposed of ex-parte on the basis of statements of facts filed by the Assessee against which assessee is in further appeal before us.

5.

We have heard the rival contention and perused the material on record. Though we appreciate the submissions of Ld. Sr. DR however keeping in mind the principles of natural justice we deem it appropriate to grant another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication after affording proper opportunity of hearing to the assessee. The assessee is directed to substantiate his case forthwith without any fail failing which Ld. CIT(A) shall be at liberty to proceed with the disposal of the appeal on merits.

6.

In the result, the appeal of the assessee in 2011-2012 is allowed for statistical purpose.

Order pronounced in the open court at the time of hearing on 17th day of April , 2024, at Chennai.

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