RATHINAM RAVICHANDRAN ,THIRUPPATHUR vs. DCIT, NON CORPORATE -1 MADURAI, MADURAI

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ITA 2/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 condoned the delay in filing the appeal and, in the interest of natural justice, set aside the CIT(A)'s order. The appeal was restored to the CIT(A) for de novo adjudication after providing a proper opportunity of hearing.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) for non-appearance. The Assessing Officer had made an addition under Section 69A for non-furnishing of evidence for receipts.

What were the issues?

Whether the assessee was denied a proper opportunity of hearing by the CIT(A) and if the delay in filing the appeal should be condoned.

Which sections of the Income-tax Act were involved?

Section 69A,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

आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ (SMC) 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: 2017-18) Shri. Rathinam Ravichandran, Vs. The Deputy Commissioner of Mithilaipatti, Income Tax, Thiruppathur Taluk 622 409. Non Corporate Circle 1, Tamil Nadu. Madurai. [PAN: AXDPR 1043A] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Ms. Sree Lakshmi Valli, Advocate ��यथ� क� ओर से /Respondent by : Shri. P. Sajit Kumar, IRS, JCIT सुनवाई क� तार�ख/Date of Hearing : 16.04.2024 घोषणा क� तार�ख /Date of Pronouncement : 16.04.2024 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member)

This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023-24/1057038932 (1) dated 13.10.2023. The assessment was framed by the Assistant Commissioner of Income Tax, Circle 1, Karaikudii for the assessment year 2017-18 u/s.143(3) of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 21.12.2019.

2.

Ld. Counsel for assessee argued that an opportunity of being heard may be provided by the ld. CIT(A), also prayed for condonation of delay in filing the present appeal. 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 u/s 69A of the Income Tax Act on account of non furnishing of evidence for receipts. 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.

We have perused the reasons given in para 6& 7 of the affidavit for delay in filing the present appeal which are sufficient cause, hence, condone the delay of 20 days and admitted the appeal. Further, 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 with corroborative evidences forthwith without any fail, failing which Ld. CIT(A) shall be at liberty to proceed with the disposal of the appeal on merits subject to cost of Rs.5000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same may be furnished to the Ld. CIT(A).

5.

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

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

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