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

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ITA 53/CHNY/2024Status: DisposedITAT Chennai16 April 2024AY 2012-13Bench: 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 granted the assessee another opportunity for a de novo assessment, emphasizing the principle of natural justice. This opportunity is conditional upon the assessee depositing Rs. 5,000/- within 30 days.

What were the facts?

The assessee failed to attend assessment and appellate proceedings, leading to an addition of Rs. 18.20 Lacs under Section 69. The assessee sought another opportunity to present their case.

What were the issues?

Whether the assessee should be granted a fresh opportunity to present their case despite prior non-compliance, and under what conditions.

Which sections of the Income-tax Act were involved?

Section 69,Section 144

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: 2012-13) Shri Akkalaneni Guruprasath ITO बनाम/ Vs. No.14, Sai Villa 6th Cross Street, Non-Corporate Ward-10(3) Kumaran Nagar, Chennai-600 082. Chennai. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AALLP-6521-C (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.

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.

2.

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.

Order pronounced on 16th April, 2024.

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