SMT. KAVITHA RAJAN(REP OF LATE S.VEERASAMY),COIMBATORE vs. DCIT, NON CORPORATE CIRCLE-4,, COIMBATORE

PDF · subscribers
ITA 220/CHNY/2024Status: DisposedITAT Chennai17 April 2024AY 2013-14Bench: 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 set aside the impugned order and restored the appeal to the CIT(A) for fresh adjudication. The legal heir is directed to substantiate the case and will be granted a reasonable opportunity of hearing.

What were the facts?

The assessee's appeal was dismissed for non-prosecution as the legal heir remained unrepresented. The legal heir is now appealing this dismissal, seeking another opportunity to present the case.

What were the issues?

Whether the legal heir should be granted another opportunity to present the case before the lower authorities despite prior non-prosecution.

Which sections of the Income-tax Act were involved?

Section 56,Section 69

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: 2013-14) Smt. Kavitha Rajan, DCIT (L/H of Late S.Veerasamy) Non-Corporate Circle-I, बनाम/ 4, Sri Ram Colony, Coimbatore. Vs. (Ramalinga Jyothi Nagar), Ramanathapuram, Coimbatore-641 045. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AOIPK-5623-H /ADOPV-2971-J (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri Saroj Kumar Parida (Advocate)-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)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 30-03-2016. The assessment has been made in the name of deceased assessee and certain additions have been made therein u/s 56 & 69 and on account of undisclosed interest income. As per submissions, the assessee expired on 06.06.2021. The legal heir of the assessee preferred further appeal, however, the appeal remained unrepresented. Therefore, the appeal was dismissed for non-prosecution. Aggrieved, the legal heir of the assessee is in further appeal before us. The Ld. AR has sought another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

2.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice as well as the circumstances of the case, 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 legal heir of the assessee to substantiate its case forthwith without 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.

More judgments on Section 56

All 1,790 judgments and leading authorities on Section 56 →

Recent GST High Court judgments

Search GST case law →