AKKALANENI GURUPRASATH ,CHENNAI vs. ITO, NON CORP. WARD 10(3), CHENNAI, CHENNAI

The grievance of the assessee in captioned appeal is confirmation of certain addition u/s 69 for Rs.18.20 Lacs as made by Ld. Assessing Officer while framing an assessment u/s 144 on 16.11.2023. Though the assessee preferred further appeal, it failed to produce necessary details / documentary evidences before the first appellate authority which is evident from para 4 of impugned order. Accordingly, the addition was confirmed against which the assessee is in further appeal before us. The Ld. AR has pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR.

It is clear that the assessee has failed to attend assessment proceedings as well as appellate proceedings. However, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity of hearing to the assessee to substantiate its case. The same would come at a cost of Rs.5,000/- 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 shall be furnished by the assessee to learned AO who shall proceed for de novo assessment after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO shall be at liberty to proceed with assessment on merits. 3. The appeal stand allowed for statistical purposes.