WASIMULLAH MADAR,CHENNAI vs. ITO, NON CORPORATE WARD-12(2), CHENNAI

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ITA 117/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2017-18Bench: 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, while acknowledging the assessee's failure to appear, restored the appeal to the CIT(A) for a fresh adjudication based on the principle of natural justice. The assessee is directed to present their case properly, failing which the CIT(A) can proceed on merits.

What were the facts?

The Assessing Officer made an addition on account of cash deposit. The assessee failed to appear before the first appellate authority, leading to the confirmation of the assessment. The assessee is now in further appeal before the Tribunal.

What were the issues?

Whether the assessee should be granted another opportunity to be heard before the appellate authority despite their previous non-appearance, to ensure principles of natural justice are upheld.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ (SMC

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

Hearing: 16.04.2024Pronounced: 16.04.2024

आदेश / O R D E R MANU KUMAR GIRI (Judicial Member)

1.

This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023-24/1059338869 (1) dated 03.01.2024. The assessment was framed by the Income Tax Officer, Non Corporate Ward 12(2), Chennai for the assessment year 2017-18 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 05.12.2019.

2.

The Ld. Sr. Departmental Representative pleaded for dismissal of the appeal on the ground that the assessee failed to appear before the ld. first appellate authority.

3.

From the case record, it emerges that Assessing Officer made addition on account of cash deposit under the Income Tax Act, 1961. Upon further appeal, the assessee did not appear before the first appeal authority. Accordingly, the assessment was confirmed against which assessee is in further appeal before us.

4.

Though we concur with the submissions of Ld. Sr. DR however keeping in mind the principle of natural justice we deem it fit 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. The appeal stands allowed for a statistical purposes.

5.

In the result, the appeal of the assessee in 2017-2018 is allowed for statistical purpose.

Order pronounced on 16th day of April , 2024, at Chennai.

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