KAILASAM PILLAI SARAVANAN , TRICHY V. ITO , WARD - 1 , TRICHY

ITA 1021/CHNY/2022

AI Insights

The case involves an appeal by Shri Kailasam Pillai Saravanan against a penalty confirmed under section 271AAC(1) of the Income Tax Act, amounting to Rs.3.62 Lacs. The penalty was a consequence of an ex-parte assessment under section 144, which included additions under section 69A due to cash deposits in the assessee's bank account. The first appellate authority upheld the penalty, leading to the current appeal. The Tribunal noted that a related quantum addition appeal (ITA No. 225/Chny/2022) was restored to the file of the Ld. CIT(A) for fresh adjudication, and consequently, the penalty appeal was also restored to the same authority.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134223 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 19-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 01-12-2022
• Other Referred Cases: ITA No. 225/Chny/2022
• Laws Referred To: Section 271AAC(1), Section 144, Section 69A
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144

Judgement Text

आयकर अपीलीय अिधकरण “बी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय ी महावीर िसंह, उपा ! एवं माननीय ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.1021/Chn y/2022 (िनधा*रण वष* / As sessment Year: 2017-18) Shri Kailasam Pillai Saravanan 6/90, North Street, Elurpatti Thottiyam, Trichy-621 215. बनाम / V s . ITO Ward-1(1), Trichy. थायीलेखासं./जीआइआरसं./PAN/GIR No. BXOPS- 8501-G (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : None थ कीओरसे/Respondent by : Shri D. Hema Bhupal (JCIT)- Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 20-07-2023 घोषणाकीतारीख /Date of Pronouncement : 24-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. The sole grievance of the assessee in the captioned appeal is confirmation of penalty u/s. 271AAC(1) for Rs.3.62 Lacs. At the time of hearing, none appeared for assessee and accordingly, the appeal was proceeded for disposal with the able assistance of Ld. Sr. DR. 2. From case records, it emerges that an ex-parte assessment was framed against the assessee u/s. 144 on 25.11.2019 wherein certain additions were made u/s.69A on account of cash deposit made in the bank account of the assessee. Against quantum addition, Ld. AO levied 2 ITA No.1021/Chny/2022 impugned penalty which was confirmed by first appellate authority. Aggrieved, the assessee is in further appeal before us. 3. We find that the assessee has assailed the quantum addition with this Tribunal vide ITA No. 225/Chny/2022 order dated 26.08.2022 wherein the appeal has been restored back to the file of Ld. CIT(A) for fresh adjudication. Considering the same, this appeal having consequential penalty is also restored back to the same authority to decide the same afresh in terms of quantum order. 4. The appeal stand allowed for statistical purposes. Order pronounced on 24 th July, 2023 Sd/- Sd/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा ! / VICE PRESIDENT लेखा सद) / ACCOUNTANT MEMBER चे3ई Chennai; िदनांक Dated : 24-07-2023 DS आदेशकीFितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु