VELLINGIRI LAKSHMANAN,COIMBATORE vs. INCOME TAX OFFICER,, COIMBATORE
What did the Tribunal hold?
The Tribunal held that while the assessee was non-cooperative, the CIT(A) dismissed the appeal for non-prosecution without considering the merits. Therefore, one more opportunity should be given to the assessee.
What were the facts?
The assessee filed a return of income, but during assessment, failed to provide evidence for cash deposits made during demonetization. The Assessing Officer added the amount as unexplained money. The CIT(A) dismissed the appeal ex-parte due to the assessee's non-appearance and non-compliance.
What were the issues?
Whether the CIT(A) was justified in dismissing the appeal for non-prosecution without adjudicating on merits, and if the assessee should be granted another opportunity.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ /SMC BENCH, CHENNAI
Before: Mr.JUSTICE (RETD.) C.V. BHADANG & SHRI MANJUNATHA.G
: Mr. N.V.Narayanan, Advocate अपीलाथ"क"ओरसे/ Appellant by : Mr. P.Sajit Kumar, JCIT ""यथ"क"ओरसे/Respondent by : 23.01.2024 सुनवाईक"तार ख/Date of hearing : 23.01.2024 घोषणाक"तार ख /Date of Pronouncement आदेश / O R D E R PER MANJUNATHA.G AM:
This appeal filed by the assessee is directed against
order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 21.09.2023 and pertains to assessment year 2017-18. 2. Brief facts of the case are that the assessee is an individual filed his return of income for the assessment year 2017-18 on 30.03.2018 admitting total income of Rs.3,32,760/-.
The case was selected for scrutiny under CASS to verify cash deposited during demonetization period. During the course of assessment proceedings, the Ld.AO called upon the assessee 2 to furnish necessary evidences to prove source for cash deposits. The assessee neither furnished any evidences nor justified source of cash deposits. Therefore, the Ld. Assessing Officer made addition of Rs.37,53,374/- u/s.69A of the Act, as unexplained money.
The assessee carried the matter in appeal before the First Appellate Authority. Before the Ld.CIT(A), the assessee neither appeared nor filed any details which is evident from order of the CIT(A), where the CIT(A) has provided three dates of hearing for which no compliance from the assessee.
Therefore, the CIT(A) disposed off the appeal filed by the assessee ex-parte and upheld additions made by the Assessing Officer towards unexplained cash deposits u/s.69A of the Income Tax Act, 1961.
The learned counsel for the assessee submitted that the assessee could not appear before the CIT(A) and file necessary details, because hearing notice sent by the CIT(A) was communicated to the Authorized Representative and same has gone unnoticed by the assessee. Therefore, the learned counsel requested to give one more opportunity of hearing to 3 the assessee by remitting the matter back to the file of the CIT(A).
The learned DR Shri P.Sajit Kumar, present for the Revenue supporting order of the CIT(A) submitted that the assessee is non-cooperative to the proceedings, which is evident from assessment order passed by the Assessing Officer, where the assessee neither appeared nor filed any details. The said lapse is still continued, even before the Ld.CIT(A), which is evident from the order of the Ld.CIT(A), where the CIT(A) has provided number of opportunity of hearing, but no response. Therefore, there is no reason to give another opportunity to the assessee to go back to the CIT(A).
We have heard both the parties, perused material available on record and gone through orders of the authorities below. There is no dispute with regard to the fact that the assessee is non-co-operative to the proceedings, which is evident from the fact that even before the Assessing Officer, the assessee did not appear and file necessary details to justify cash deposits into the bank account. The said lapse is still continued even before the Ld.CIT(A), where it is evident that 4 although, the CIT(A) has given sufficient opportunity of hearing to the assessee, the assessee could not avail opportunity given by the CIT(A) and file necessary details to substantiate his case. Therefore, the Ld.CIT(A) has disposed off the appeal filed by the assessee for non-prosecution. No doubt, when the appellant is not serious in prosecuting the appeal, the appellate authorities have left with no choice, but to dispose off the appeal, but such appeal should be disposed on merits on the basis of materials available on record. In the present case, the CIT(A) dismissed the appeal filed by the assessee for non- prosecution without discussing the issues on merits. Therefore, in our considered view, one more opportunity of hearing should be given to the assessee to explain his case before the CIT(A).
Thus, we set aside order of the CIT(A) and restore the issue back to the file of CIT(A) with a direction to reconsider the issue in accordance with law, after providing reasonable opportunity of hearing to the assessee. Needles to say, the assessee shall appear before the CIT(A) without seeking any adjournment unless or otherwise, necessary.
5 7. In the result, appeal filed by the assessee is allowed for statistical purposes.
More judgments on Section 69A
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- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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