ARUMUGAM MUTHUSAMY,CHENNAI V. ITO, NCW-1(1), CHENNAI

ITA 3282/CHNY/2024

AI Insights

The case involves Mr. Arumugam Muthusamy, who appealed against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, Delhi, which confirmed the AO's addition of Rs.1,38,36,000 under section 69A of the Income Tax Act, 1961 for the Assessment Year 2013-14. The AO had re-opened the assessment after discovering unreported cash deposits in the assessee's bank accounts and issued notices under section 148 of the Act. The assessee contended that he did not receive proper opportunity to respond to the notices, particularly citing the impact of the COVID-19 pandemic. The Tribunal, referencing the Supreme Court's decision in TIN Box Co. v. CIT, found merit in the assessee's plea for a fair opportunity to present his case and thus remanded the matter back to the AO for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 312627 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Other Referred Cases: TIN Box Co. v. CIT [2001] 249 ITR 216 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: S. GIRISH KUMAR

Judgement Text

"आयकर अपीलीय अिधकरण, ‘बी’ \u0001यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI \u0001ी एबी टी. वक , ाियक सद\u0011 एवं एवं एवं एवं \u0001ी जगदीश, लेखा सद क े सम\u0015 BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.3282/Chny/2024 िनधा\u000eरणवष\u000e/Assessment Year: 2013-14 Mr. Arumugam Muthusamy, B2, 1st Floor, M.R.S. Lakshmi Apartments, 15, Dr. Nair Road, T. Nagar, Chennai-600 017. v. The ITO, Non-Corporate Ward-1(1), Chennai. [PAN: AKFPM 0969 D] (अपीलाथ\u0016/Appellant) (\u0017\u0018यथ\u0016/Respondent) अपीलाथ\u0016 क\u001a ओर से/ Appellant by : Mr.S. Girish Kumar, Advocate \u0017\u0018यथ\u0016 क\u001a ओर से /Respondent by : Ms.Gouthami Manivasagam, JCIT सुनवाईक\u001aतारीख/Date of Hearing : 12.03.2025 घोषणाक\u001aतारीख /Date of Pronouncement : 29.04.2025 आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 27.11.2024 for the Assessment Year (hereinafter referred to as \"AY”) 2013-14. ITA No.3282/Chny/2024 (AY 2013-14) Mr. Arumugam Muthusamy :: 2 :: 2. The main grievance of the assessee is against the action of the Ld.CIT(A) confirming the action of the AO making an addition of Rs.1,38,36,000/- u/s.69A of the Income Tax Act, 1961 (hereinafter referred to as \"the Act”) 3. The brief facts are that the assessee didn’t file any return of income (RoI) for AY 2013-14, and the AO came to know that assessee has deposited cash of Rs.1,38,36,000/- in some of his bank accounts during the year and didn’t file any RoI, therefore, he re-opened the assessment by issuing notice u/s.148 of the Act dated 26.03.2021; and further issued statutory notices directing the assessee to prove the nature and source of cash deposits. However, finding no response from the assessee, the AO added the entire cash deposits u/s.69A of the Act by passing the assessment order on 30.03.2022, which action of the AO has been confirmed by the Ld.CIT(A). 4. Aggrieved, the assessee is in appeal before this Tribunal. 5. We have heard both the parties and perused the material available on record. The main grievance of the assessee is that the assessee didn’t get proper opportunity before the AO who is the primary authority under the Act to assess the income of the assessee. Drawing our attention to the assessment order, the Ld.AR showed us that only two (2) notices were issued by the AO i.e. on 25.12.2021 & 04.03.2022. According to the ITA No.3282/Chny/2024 (AY 2013-14) Mr. Arumugam Muthusamy :: 3 :: assessee, the first notice was issued during Covid-19 pandemic (second wave) and therefore, the assessee can’t be faulted for not responding to it; the other notice, the assessee didn’t receive the same which led to the AO passing an ex parte order wherein the entire cash deposits was added as his income. Citing the decision of the Hon’ble Supreme Court in the case of TIN Box Co. v. CIT reported in [2001] 249 ITR 216 (SC), he pleaded for one more opportunity to be granted before the AO to prove the nature and source of cash deposits. The Ld.DR doesn’t want us to give one more opportunity to the assessee. Be that as it may, we find that in the present case, only two (2) notices were issued by the AO, one on 25.12.2021 & another on 04.03.2022, which fact is discernable from the caption of the assessment order [refer Item No.8 of the caption of assessment order] and agrees with the Ld.AR that the first notice was issued during the Covid-19 pandemic period and thereafter, has issued only one notice, and thereafter, has made addition of Rs.1,38,36,000/- i.e. the entire cash deposits in the bank account of the assessee. Considering the facts discussed, we are of the view that assessee didn’t get proper opportunity before the AO to prove the nature and source of cash deposits, therefore, we are of the view that the assessment need to be restored back to the file of the AO for de novo assessment as held by the Hon’ble Supreme Court in the case of TIN Box Co. (supra). Having said so, we are also of the view that there is negligence on the part of the ITA No.3282/Chny/2024 (AY 2013-14) Mr. Arumugam Muthusamy :: 4 :: assessee, hence cost of Rs.15,000/- is imposed which the assessee should remit to the State Legal Aid Authority, Hon’ble Madras High Court, and produce necessary proof of depositing of the same before the AO and thereafter, the AO to frame the de novo assessment after hearing the assessee in accordance to law. The assessee is directed to file written submissions/relevant documents before the AO and the AO to frame assessment in accordance to law after hearing the assessee. If the assessee fails to do so, the AO is at liberty to pass order in accordance to law after giving reasonable opportunity to the assessee. 6. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 29th day of April, 2025, in Chennai. Sd/- Sd/- (जगदीश) (JAGADISH) लेखा सद /ACCOUNTANT MEMBER (एबी टी. वक ) (ABY T. VARKEY) \u0001याियक सद\bय/JUDICIAL MEMBER चे ई/Chennai, !दनांक/Dated: 29th April, 2025. TLN आदेश क\u001a \u0017ितिलिप अ$ेिषत/Copy to: 1. अपीलाथ\u0010/Appellant 2. \u0011\u0012थ\u0010/Respondent 3. आयकरआयु\u0018/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय\u0011ितिनिध/DR 5. गाड फाईल/GF "