KUMARAN TRADERS,POTHERI vs. ITO, NON CORP WARD 22(2), TAMBARAM

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ITA 22/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2017-18Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the assessee had a reasonable cause for non-appearance. Therefore, the impugned order was set aside, and the appeal was restored to the file of the CIT(A) for fresh adjudication.

What were the facts?

The assessee is aggrieved by the confirmation of an addition of undisclosed investment. The assessee did not attend the first appellate proceedings because the managing partner of the firm expired.

What were the issues?

Whether the assessee had a reasonable cause for non-appearance before the first appellate authority and if the appeal should be remanded for fresh adjudication.

Which sections of the Income-tax Act were involved?

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: 2017-18) M/s. Kumaran Traders ITO बनाम/ Vs. 33, GST Road, Samundeeswari Nagar Non-Corporate Ward-22(2), Thailavaram, Potheri-603 203. Tambaram. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAFFK-4135-M (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri S.P.Chidambaram & Ms. Sonali (Advocates) - Ld.ARs � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 16-04-2024 घोषणा की तारीख /Date of Pronouncement : 16-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aggrieved by confirmation of certain addition of undisclosed investment made u/s.69 for Rs.47.94 Lacs vide impugned order dated 08-12-2023, the assessee is in further appeal before us. Upon perusal of para 5.1 of impugned order, it could be seen that the assessee did not attend first appellate proceedings. The Ld. AR submitted that managing partner of assessee firm expired on 29-09-2022 and therefore, the assessee remained unrepresented. The Ld. AR pleaded for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

2.

We are of the opinion that the assessee has reasonable cause for non-appearance. Therefore, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication after affording 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. 3. The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.

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