RASIPURAM KUMAARASAMY ELANGO,HOSUR vs. ITO, WARD-1 HOSUR, HOSUR

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ITA 1189/CHNY/2023Status: DisposedITAT Chennai05 February 2024AY 2011-12Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal, citing principles of natural justice. The appeal was restored to the file of the CIT(A) for de novo adjudication, with directions for the assessee to substantiate its case.

What were the facts?

The assessee's appeal was filed with a significant delay. The assessee sought condonation of delay, stating they only became aware of the impugned appellate order when penalty proceedings were initiated. The Assessing Officer had made an addition of Rs. 51.17 Lacs under best judgment assessment.

What were the issues?

Whether the delay in filing the appeal should be condoned and if the assessee should be granted another opportunity to present its case before the lower appellate authority.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

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./ (िनधा)रण वष) / Assessment Year: 2011-12) Shri Rasipuram Kumarasamy Elango ITO बनाम 32, MIG Housing Board Colony, Mullai Ward-1 Nagar 12th Cross, Rayakottai Main Road, Hosur. / Vs. Hosur-635 109. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AAMPE-1381-Q (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri P. M. Kathir (Advocate)-Ld. AR � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)- Ld. Sr. DR सुनवाईकीतारीख/Date of final Hearing : 05-02-2024 घोषणाकीतारीख /Date of Pronouncement : 05-02-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

The sole grievance of the assessee in captioned appeal is confirmation of addition of Rs.51.17 Lacs as made by Ld. Assessing Officer while framing best judgment assessment u/s 144 r.w.s. 147 on 27-12-2018. Though the assessee preferred further appeal, it failed to make any representation during appellate proceedings. Accordingly, the addition was sustained against which the assessee is in further appeal before us.

2.

The registry has noted a delay of 279 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition which is accompanied by an affidavit of the assessee. In para-5 of the affidavit, it has been submitted that passing of impugned appellate order came to assessee’s knowledge only when penalty proceedings were initiated. Though Ld. Sr. DR opposed condonation of delay, considering the contents of petition as well as affidavit, the bench deems it fit to condone the delay and admit the appeal for adjudication on merits.

3.

The Ld. AR, appearing for assessee sought another opportunity of hearing before lower authorities. The Ld. AR also undertook to substantiate its case in case another opportunity was given. The Ld. Sr. DR opposed the same. Keeping in mind the principle of natural justice, the bench deems it fit to grant another opportunity of hearing to the assessee. Accordingly, the appeal stand restored back to the file of Ld. CIT(A) for adjudication de novo. The assessee is directed to substantiate its case. 4. The appeal stand allowed for statistical purpose. Order pronounced in open court on 5th February, 2024.

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