SUBRAMANIAN RATHINAKUMAR,HOSUR vs. ACIT CIRCLE-1, HOSUR

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ITA 966/CHNY/2023Status: DisposedITAT Chennai05 February 2024AY 2012-13Bench: 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 granted the assessee another opportunity for a hearing before the lower authorities, subject to a cost of Rs.10,000/- to be deposited. The assessee is directed to substantiate its case.

What were the facts?

The assessee's appeal concerns the confirmation of an addition of Rs.247.54 Lacs made by the Assessing Officer in a best judgment assessment. The assessee failed to make an effective representation during appellate proceedings, and additional evidence was not admitted.

What were the issues?

Whether the assessee should be granted another opportunity for hearing before the lower authorities, and the conditions for such an opportunity.

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, “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 आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2012-13) Shri Subramanian Rathinakumar ACIT बनाम 2/4, Nallampalli Circle-1 / Vs. Dharmapuri-636 701. Hosur. �थायीलेखासं./जीआइआरसं./PAN/GIR No. ATJPR-1283-Q (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri G.Baskar & Shri P.M.Kathir (Advocate)-Ld. ARs � थ�कीओरसे/Respondent by : Shri D. Hema Bhupal (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.247.54 Lacs as made by Ld. Assessing Officer while framing a best judgment assessment u/s 144 r.w.s. 147 on 06-12-2019. Though the assessee preferred further appeal, it failed to make any effective representation during appellate proceedings. The additional evidences were not admitted by first appellate authority. Finally, the addition was sustained against which the assessee is in further appeal before us.

2.

The Ld. AR, appearing for assessee, at the outset, 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. However, this would come at a cost of Rs.10,000/- which shall be deposited by the assessee within 30 days from the date of receipt of the 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 to frame an assessment de novo. The assessee is directed to substantiate its case.

3.

The appeal stand allowed for statistical purpose. Order pronounced in open court on 5th February, 2024.

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