BHARAT KUMAR, CHANDIGARH V. CIT(A), CHANDIGARH

ITA 191/CHANDI/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0075 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 12-08-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 24-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VED PARKASH KALIA
• Assessee Lawyers: SHRUTI KHANDELWAL
• Keywords: Principle of natural justice
• Section: 250; 69A

Judgement Text

आयकर अपीलȣय अͬधकरण,चÖडीगढ़ Ûयायपीठ, चÖडीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH, ‘A’, CHANDIGARH BEFORE SHRI A.D. JAIN, VICE PRESIDENT & DR KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील सं./ ITA No. 191/CHD/2024 Ǔनधा[रण वष[ / Assessment Year : 2017-18 Bharat Kumar, 620, 2 nd Floor, Sarvhitkari Society, Sec 48A, Chandigarh Vs. बनाम The ITO, Ward 5(4), Chandigarh èथायी लेखा सं./PAN No: AVAPK2319P अपीलाथȸ/ APPELLANT Ĥ×यथȸ/ REPSONDENT ( HYBRID HEARING ) Ǔनधा[ǐरती कȧ ओर से/Assessee by : Smt. Shruti Khandelwal, Advocate for Sh. Parikshit Aggarwal, CA राजèव कȧ ओर से/ Revenue by : Shri Ved Parkash Kalia, JCIT , Sr.DR स ु नवाई कȧ तारȣख/Date of Hearing : 13.08.2024 उदघोषणा कȧ तारȣख/Date of Pronouncement : 14.08.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: The appeal in this case has been filed by the Assessee against the order dated 26.12.2023 of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. 2. Grounds of appeal taken by the Assessee are as under: - 191-Chd-2024 – Bharat Kumar, Chandigarh 2 1. That on the facts, circumstances and legal position of the case, Worthy CIT(A), NFAC in Appeal No. CIT (A), Chandigarh-2/10890/2019- 20 has erred in passing order u/s 250 dtd. 26.12.2023 as the same is in contravention of provisions of s. 250 of the Income Tax Act, 1961 (hereinafter referred to as "Act"). 2. That on facts, circumstances and legal position of the case, the impugned assessment order deserves to be quashed since its initiation, continuation as well as conclusion was foundationally illegal. 3. That on facts, circumstances and legal position of the case, Worthy CIT(A) has erred in confirming the addition of Rs. 45,68,560/- made by Ld. AO u/s 69A of the Act by erroneously holding the cash deposit in bank during demonetization period from alleged unexplained sources. 4. That on facts, circumstances and legal position of the case, the order passed by Ld. AO and then by Worthy CIT(A) deserves to be quashed since the same have been passed without affording reasonable opportunity of being heard to the appellant. 5. That the appellant craves leave for any addition, deletion or amendment in the grounds of appeal on or before the disposal of the same. 3. At the very outset, the ld. Counsel for the Assessee submitted that it is an ex-parte order passed by the ld. CIT(A). The ld. Counsel also submitted that even the assessment order passed by the Assessing Officer is also an ex-parte order. So, in fact, the Assessee had no occasion to bring on record the material fact in his favour either before the Assessing Officer or before the ld. CIT(A). 191-Chd-2024 – Bharat Kumar, Chandigarh 3 4. The ld. DR relied on the order of the CIT(A). 5. We have considered the findings of the CIT(A) in his order and we find that his findings are based on the material discussed by the Assessing Officer in the assessment order passed ex-parte. Thus, it is clear that the Assessee’s point of view has not been considered either by the Assessing Officer or by the ld. CIT(A) because orders of both the authorities below are ex-parte orders. Therefore, keeping in view the element of natural justice, it is prudent to remand back this case to the CIT(A) for adjudication afresh on merits in accordance with law, based on documents to be submitted by the Assessee, on affording due and adequate opportunity of hearing to the Assessee. The Assessee, no doubt, shall cooperate in the fresh proceedings before the CIT(A). All pleas available under the law shall remain so available to the assessee. Ordered accordingly. 6. In the result, the appeal of the Assessee is allowed for statistical purposes. Order pronounced on 14.08.2024. Sd/- Sd/- ( A.D. JAIN ) (DR KRINWANT SAHAY) Vice President Accountant Member “आर.के.” 191-Chd-2024 – Bharat Kumar, Chandigarh 4 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of the order forwarded to : 1. अपीलाथȸ/ The Appellant 2. Ĥ×यथȸ/ The Respondent 3. आयकर आय ु Èत/ CIT 4. ͪवभागीय ĤǓतǓनͬध, आयकर अपीलȣय आͬधकरण, चÖडीगढ़/ DR, ITAT, CHANDIGARH 5. गाड[ फाईल/ Guard File आदेशान ु सार/ By order, सहायक पंजीकार/ Assistant Registrar