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

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.

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.

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