KOCHUKUNJU RAGHU,PERINJANKONAM vs. ITO, WARD-72(3), NEW DELHI

PDF · subscribers
ITA 540/COCH/2024Status: DisposedITAT Cochin10 December 2024AY 2011-12Bench: SHRI INTURI RAMA RAO (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) dismissed the appeal ex-parte for non-prosecution without applying its mind to the facts and grounds of appeal. Therefore, the matter needs to be remanded back to the CIT(A) for a fresh disposal on merits.

What were the facts?

The assessee failed to file an income tax return for AY 2011-12. The department, noticing a cash deposit of Rs. 13,25,000/-, issued a notice under Section 148. The Assessing Officer made an addition of Rs. 11,55,000/- for unexplained cash deposit.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte for non-prosecution without considering the merits of the case.

Which sections of the Income-tax Act were involved?

Section 148,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM

For Appellant: Shri S. Rajiv, Advocate
For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 10.12.2024Pronounced: 10.12.2024

O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 11.03.2024 for Assessment Year (AY) 2011-12.

2.

Brief facts of the case are that the assessee, an individual, had not filed his return of income for AY 2011-12. As per the information available with the department the assessee had cash deposit of Rs. 13,25,000/- in his bank account. Therefore, notice u/s. 148 of the Income Tax Act, 1961 (the Act) was issued to the assessee on 29.03.2018. In compliance to the above notice the assessee filed the return of income on 16.11.2018 declaring total income at Rs. Kocukunju Raghu 78,000/- for AY 2012-13. The Income Tax Officer, Ward -3, Thiruvananthapuram (he4reinafter “the AO”) completed the assessment vide order dated 30.11.2018 passed u/s. 143(3) r.w.s. 147 at a total income of Rs. 12,30,000/- by making addition on account of unexplained cash deposit of Rs. 11,55,000/-.

3.

Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal exparte for non prosecution placing reliance on the judgement of the Hon'ble Supreme Court in the case of CIT vs. B.N. Bhattachargee & Another 118 ITR 461 and few other judgements.

4.

Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal.

5.

I have heard the rival contentions of both the parties and perused the material available on record. I find that the learned CIT(A) without averting to the statement of facts and the grounds of appeal raised before him, merely dismissed the appeal in limine for non prosecution. This would only demonstrate that the CIT(A) has dismissed the appeal without any application of mind, is contrary to the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position I am of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee.

More judgments on Section 148

All 35,022 judgments and leading authorities on Section 148 →

Recent GST High Court judgments

Search GST case law →