SARAVANAN MENAKA,,PUDUKKOATTAI vs. ITO, WARD 1, PUDUKKOTTAI, PUDUKKOTTAI

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ITA 3/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2018-19Bench: 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, while noting the lack of details, set aside the impugned order and restored the matter to the Assessing Officer for de novo assessment, granting the assessee another opportunity to substantiate its case.

What were the facts?

The assessee appealed against a disallowance of freight expenses for AY 2018-19. The Assessing Officer made the addition due to a lack of requisite details, which persisted during appellate proceedings.

What were the issues?

Whether the assessee was granted a sufficient opportunity to present details for freight expenses, and the principle of natural justice in such cases.

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’ 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: 2018-19) Ms. Saravanan Menaka ITO बनाम/ Vs. 54, L.N. Puram, Aranthangi Post, Ward-1, Pudukottai-614 616. Pudukottai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. BHCPM-8128-F (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Ms. Sree Lakshmi Valli (Advocate)- Ld.AR � 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 disallowance for Assessment Year (AY) 2018-19, the assessee is in further appeal before us. The appeal arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 01-12-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 25-03-2021. Upon perusal of para-5 of the impugned order, it could be seen that the assessee failed to file any details during appellate proceedings. The Ld. AR pleaded for another opportunity of hearing before lower authorities. The Ld. Sr. DR opposed the same.

2.

From case records, it emerges that Ld. Assessing Officer made addition of freight expenses since the assessee did not file the requisite details. During appellate proceedings also, the position remained the same and accordingly, the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. 3. 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 matter is restored back to the file of Ld. AO for de novo assessment with a direction to the assessee to substantiate its case forthwith. A reasonable opportunity of hearing shall be granted to the assessee. 4. The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.

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