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Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “सी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “C” 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 आयकरअपील सं./ ITA No.1163/Chny/2023 (िनधा)रण वष) / Assessment Year: 2009-10) Shri Muthusamy Thangarasu ITO बनाम 9/159C, Kanavaipatti Laduvadi Village, Ward-1, / Vs. Namakkal-637 001. Namakkal. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AFTPT-6407-L (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri T.S Lakshmi Venkataraman (CA)-Ld. AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)- Ld. Sr. DR
सुनवाईकीतारीख/Date of final Hearing : 08-02-2024 घोषणाकीतारीख /Date of Pronouncement : 08-02-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee arises out of an order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 15-09-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] on best judgment basis u/s 144 of the Act on 29-12-2017. 2. Upon perusal of assessment order, it could be seen that Ld. AO made peak credit addition for bank accounts and also estimated income u/s 44AD on cheque payments. The assessee failed to make any
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representation during assessment proceedings. No return of income was filed by the assessee. The position remained, more or less, the same during appellate proceedings and accordingly, substantial additions were confirmed against which the assessee is in further appeal before us. 3. The Ld. AR, at the outset, pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. Keeping in mind the principle of natural justice, the bench deems it fit to set aside the impugned order and direct Ld. AO make de novo assessment. The assessee is directed to substantiate its case. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 8th February, 2024.
Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा23 / VICE PRESIDENT लेखा सद5 / ACCOUNTANT MEMBER चे7ई Chennai; िदनांक Dated : 08-02-2024 DS आदेशकीDितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु?/CIT 4. िवभागीय�ितिनिध/DR 5. गाडDफाईल/GF