ASHOK KUMAR BALAJI,HOSUR vs. ACIT, CIRCLE-1, HOSUR, HOSUR

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ITA 1532/CHNY/2023Status: DisposedITAT Chennai12 March 2024AY 2017-18Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and restored the appeal to the CIT(A) for fresh adjudication. This was done to uphold the principle of natural justice, granting the assessee another opportunity to substantiate their case.

What were the facts?

The assessee's appeal for AY 2017-18 arose from an ex-parte order by the CIT(A) confirming an addition of Rs. 115.32 Lacs under Section 69A. The assessment was initially framed on a best judgment basis under Section 144 due to the assessee's failure to appear.

What were the issues?

Whether the assessee should be granted another opportunity to present their case before the lower appellate authority, despite previous non-compliance, to ensure natural justice.

Which sections of the Income-tax Act were involved?

Section 144,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा ! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ (िनधा*रणवष* / Assessment Year: 2017-18) Shri Ashokkumar Balaji ACIT 1/784/20, Sri Balaji Traders, Circle-1 बनाम/ Vs. Krishnagiri Road, Hosur. Rayakotta, Hosur-635 116. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AIVPB-9158-K (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : Shri P.M. Kathir (Advocate)- Ld.AR � थ�कीओरसे/Respondent by : Shri D. Hema Bhupal (JCIT)-Ld. DR सुनवाई की तारीख/Date of Hearing : 12-03-2024 घोषणा की तारीख /Date of Pronouncement : 12-03-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an ex-parte order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 20-10-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s. 144 of the Act on 18- 12-2019. The registry has noted delay of one day in the appeal which stands condoned. .

2.

The sole grievance of the assessee is confirmation of addition of Rs.115.32 Lacs u/s 69A. The Ld. AR, at the outset, pleaded for another opportunity of hearing before lower authorities which has been opposed by revenue.

3.

It would emerge that the assessment has been framed on best judgment basis u/s 144. Even during appellate proceedings, the assessee failed to make any representation which led to confirmation of assessment. Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, the bench deems 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 fresh adjudication with a direction to the assessee to substantiate its case. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 12th March, 2024. Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा34 / VICE PRESIDENT लेखा सद6 / ACCOUNTANT MEMBER चे8ई Chennai; िदनांक Dated : 12-03-2024 DS आदेशकीEितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु@/CIT 4. िवभागीय�ितिनिध/DR 5. गाडEफाईल/GF

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