ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, TRICHY, TRICHY V. SUNDARAM JAGANATHAN, PERAMBALUR

ITA 2014/CHNY/2024

AI Insights

The case involves an appeal by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals), Chennai-19, which had deleted the protective assessment made in the hands of Mr. Sundaram Jaganathan for the Assessment Year 2014-15. The substantive addition was initially made in the hands of M/s.Dhanalakshmi Srinivasan Charitable Educational Trust by the AO, which was later adjudicated by the Tribunal, restoring the assessment back to the AO. The Revenue argued that following the Tribunal's decision regarding the Trust, the same should apply to the protective assessment made in the hands of Mr. Jaganathan. The Tribunal agreed with the Revenue and set aside the CIT(A)'s order, restoring the assessment to the AO for re-evaluation.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107211 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: R.ANITA
• Assessee Lawyers: P.M. KATHIR
• Keywords: Set aside

Judgement Text

"आयकर अपीलीय अिधकरण, ‘सी’ \u0001यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI \u0004ी एबी टी. वक , ाियक सद\u0011 एवं एवं एवं एवं \u0004ी एस.आर.रघुनाथा, लेखा सद\u0011 क े सम BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI S.R. RAGHUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2014/Chny/2024 िनधा\u000eरण वष\u000e/Assessment Year: 2014-15 The ACIT, Central Circle-2, Trichy. vs. Shri Sundaram Jaganathan, New No.34A, VA.U.C. Street, Vellalar Street, Perambalur-621 212. [PAN: ANCPJ-8392-D] (अपीलाथ\u0016/Appellant) (\u0017\u0018यथ\u0016/Respondent) अपीलाथ\u0016 क\u001a ओर से/ Appellant by : Ms.R.Anita,Addl.CIT \u0017\u0018यथ\u0016 क\u001a ओर से /Respondent by : Mr.P.M.Kathir, Advocate सुनवाईक\u001aतारीख/Date of Hearing : 07.11.2024 घोषणाक\u001aतारीख /Date of Pronouncement : 10.01.2025 आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals), Chennai-19 (hereinafter in short \"the Ld.CIT(A)”), dated 30.05.2024 for the Assessment Year (hereinafter in short \"AY”) 2014-15. 2. At the outset the Ld.DR for the Revenue, brought to our notice that in this case substantive addition was made in the hands of M/s.Dhanalakshmi Srinivasan Charitable Educational Trust by the AO which decision later came up for examination/adjudication before this Tribunal; and the Tribunal had restored the assessment back to the file of ITA No.2014/Chny/2024 (AY 2014-15) Mr. Sundaram Jaganathan :: 2 :: the AO vide order dated 08.11.2024 (ITA Nos. 28,29,30, 31,55,56 & 57/Chny/2024) for AY 2012-13 to 2018-19. Hence, according to the Ld.DR, in the interest of justice and fair play, since protective assessment has been made in the hands of the present assessee Mr.Sundaram Jeganathan, by the AO, which has been deleted by the Ld.CIT(A) passing the impugned order, and since the Tribunal has restored the assessment of M/s.Dhanalakshmi Srinivasan Charitable Educational Trust back to the file of AO (supra), the impugned action of the Ld.CIT(A) should be interfered with and the assessment of the present assessee should also be restored to the file of the AO. 3. Having heard rival submissions and after perusal of records, we note that substantive addition was made by the AO in the hands of M/s.Dhanalakshmi Srinivasan Charitable Educational Trust and it was protectively assessed in the hands of the assessee. The Tribunal in the case of M/s.Dhanalakshmi Srinivasan Charitable Educational Trust had restored the assessment back to the file of the AO vide Tribunal order dated 08.11.2024 (supra). And since in the present case the AO has made protective assessment in the hands of the assessee, in the light of the Tribunal order in the hands of Trust (supra), the impugned action of the Ld.CIT(A) needs to be set aside back to the file of the AO, so that the AO can take action/assess the income in accordance with law in the hands of ITA No.2014/Chny/2024 (AY 2014-15) Mr. Sundaram Jaganathan :: 3 :: the assessee accordingly. Needless to say, assessee to be heard before passing the order. 4. In the result, appeal is allowed for statistical purposes. Order pronounced on 10th January, 2025. Sd/- (एस.आर.रघुनाथा ) (S.R.RAGHUNATHA) लेखा सद\u0003य/ACCOUNTANT MEMBER Sd/- (एबी टी. वक ) (ABY T. VARKEY) \u0005याियक सद\u0003य/JUDICIAL MEMBER चे ई/Chennai, !दनांक/Dated: 10th January, 2025. DS आदेश क\u001a \u0017ितिलिप अ$ेिषत/Copy to: 1. अपीलाथ\b/Appellant 2. थ\b/Respondent 3. आयकरआयु\u0010/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय ितिनिध/DR 5. गाड\u0019फाईल/GF "