Karuppusamy Thangavelu, Coimbatoree V. ACIT, NCC-4, Coimbatore

ITA 1677/CHNY/2024

• Counselvise Citation: [2024] 129 COUNSELVISE.COM (IT) 0260 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-08-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 03-06-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMUEL PITTA LD
• Assessee Lawyers: GIRISH KUMAR LD
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण “ए” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय ी एबी टी. वक , ाियक सद" एवं माननीय ी मनोज कु मार अ'वाल ,लेखा सद" के सम)। BEFORE HON’BLE SHRI ABY T. VARKEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.1677/Chn y/2024 (िनधा*रणवष* / As sessment Year: 2017-18) Shri Karuppasamy Thangavelu 22/A, Siruvani Main Road, Madampatti, Coimbatore-641 010. बनाम/ Vs . ACIT Non-Corporate Circle-4, Coimbatore. थायीलेखासं./जीआइआरसं./PAN/GIR No. AFSPT-3975-N (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri Girish Kumar (Advocate) - Ld.AR थ कीओरसे/Respondent by : Dr. Samuel Pitta (JCIT) -Ld. DR सुनवाईकीतारीख/Date of Hearing : 21-08-2024 घोषणाकीतारीख /Date of Pronouncement : 03-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of an order passed by Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 09-05-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Act on 24-12-2019. 2. In the assessment order, Ld. AO has made addition of Rs.49.57 Lacs u/s.69A r.w.s 115BBE which represent cash deposits during demonetization period from 09-11-2016 to 30-12-2016 in various bank 2 accounts. The agricultural income was also disallowed and considered as ‘income from other sources’. The assessee failed to furnish the requisite details during assessment proceedings. The Ld. CIT(A) confirmed the assessment since the assessee failed to appear during appellate proceedings also. Aggrieved, the assessee is in further appeal before us. The Ld. AR has prayed for another opportunity of hearing which has been opposed by Ld. Sr. DR. 3. Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. The same would come at a cost of Rs.5,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same shall be furnished by the assessee to learned AO who shall proceed for de novo assessment after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. AO shall be at liberty to proceed with assessment on the basis of material on record. 4. The appeal stands allowed for statistical purposes. Order pronounced on 3 rd September, 2024 Sd/- Sd/- (ABY T. VARKEY) (MANOJ KUMAR AGGARWAL) ाियक सद" /JUDICIAL MEMBER लेखा सद" / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated :03-09-2024 DS 3 आदेशकीKितिलिपअ'ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु>/CIT Coimbatore. 4. िवभागीय ितिनिध/DR 5. गाडCफाईल/GF