KAVANOOR SRINIVASAN SRIDHAR,CHENNAI vs. ITO SALARY WARD VI(2), CHENNAI
What did the Tribunal hold?
The Tribunal set aside the impugned order and restored the appeal to the CIT(A) for adjudication on merits, emphasizing the principle of natural justice and granting another opportunity of hearing to the assessee.
What were the facts?
The Assessing Officer disallowed cash flow statement and jewel loan additions. The assessee did not appear before the CIT(A), leading to an ex-parte order confirming the assessment.
What were the issues?
Whether the CIT(A) properly followed principles of natural justice and whether the assessee should be granted another opportunity to present its case.
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 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: 2007-08) Kavanoor Srinivasan Sridhar, Vs. The Income Tax Officer, Plot No.15, Madha Nagar Salary Ward VI (2) Extension, Chennai. Madhanandhapuram, Porur, Chennai 600 116. [PAN: AMFPS 0388A] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri.K. Meenakshi Sundararm, ITP ��यथ� क� ओर से /Respondent by : Shri. P. Sajit Kumar, IRS, JCIT. 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 by assessee is arising out of the order of the Additional/Joint Commissioner of Income Tax (Appeals)-12, Office of the Commissioner of Income Tax (Appeal), Delhi in Order No.ITBA/APL/S/250/2023-24/1058810289 (1), dated 15.12.2023. The assessment was framed by the Income Tax Officer, Salary Ward VI (2), Chennai for the assessment year 2007-08 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 31.12.2009.
In the instant case, ld. Assessing Officer in his order u/s 143(3) of the Act has disallowed and added back the cash flow statement for the period, jewel loan etc.
Further, the appellant filed the appeal against the order under section 143(3) of the Act dated 31.12.2009 before the Ld. CIT(A) 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.
At the outset, Ld. Counsel for the appellant submitted that Ld. CIT(A) had not followed the principles of natural justice and failed to search on Income Tax portal the replies filed by the Assessee in response to such notices. Ld. Counsel for the appellant further prayed that if an adequate opportunity of hearing is given to appellant, appellant would prosecute its case properly before the Ld. CIT(A).
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 appellate authority in response to various notices.
We have heard the rival contention and perused the material on record. Though we concur with the submissions of Ld. Sr. DR however keeping in mind the principle of natural justice and 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 adjudication on merits after affording proper opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith without any fail, failing which Ld. CIT(A) shall be at liberty to proceed with the disposal of the appeal on merits.
07 In the result, the appeal of the assessee in 2007-2008 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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