SELVA GANAPATHY, CHENNAI V. ITO, NCW - 1 (1), CHENNAI

ITA 2171/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6010 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 23-07-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: J.PAVITARAN KUMAR
• Keywords: Unexplained investment; Opportunity of being heard; Set aside
• Section: 69; 13; 20

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI , , !' BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT & SHRI S.JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.2171/CHNY/2019 / ASSESSMENT YEAR : 2015-16 MR.SELVA GANAPATHY , NO.24,DR.NATESAN STREET, 1 ST LANE, MYLAPORE, CHENNAI 600 004. VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 1(1), CHENNAI 600 034. [PAN AVUPS 9029 E ] ( #$ / APPELLANT) ( %&#$ /RESPONDENT) / APPELLANT BY : MR.S.SRIDHAR,ADVOCATE /RESPONDENT BY : MR.J.PAVITARAN KUMAR, JCIT,D.R ! / DATE OF HEARING : 12 - 02 - 2 0 20 '# ! / DATE OF PRONOUNCEMENT : 13 - 02 - 2 020 !' / O R D E R PER S.JAYARAMAN, ACCOUNTANT MEMBER THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-2, CHENNAI IN ITA NO.115/2017-18, DATED 02.05.2019 FOR THE ASSESSMENT YEAR 2015-16. ITA NO.2171/CHNY/2019 :- 2 -: 2. THE ASSESSEE, MR.SELVA GANAPATHY, IS ENGAGED IN THE BUSINESS OF TRADING IN FIREWOOD AND CHARCOAL. WHILE COMPLET ING THE ASSESSMENT FOR THE ASSESSMENT YEAR 2015-16, THE ASSESSING OFFI CER COMPLETED THE ASSESSMENT ON 21.12.2017 AND MADE AN ADDITION OF .48,55,000/- TOWARDS UNEXPLAINED INVESTMENT UNDER SECTION 69 OF THE ACT. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). THE LD CIT(A) DISMISSED THE APPEAL. AGGRIEVED AGAINST THA T ORDER, THE ASSESSEE FILED THIS APPEAL. 3. IT WAS SUBMITTED BY LD. A.R. THAT THE ASSESSING OFFICER HIMSELF COMPLETED THE ASSESSMENT WITHOUT GIVING ADEQUATE OP PORTUNITY TO THE ASSESSEE AS HE HAS ISSUED A SHOW-CAUSE NOTICE, DAT ED 14.12.2017 AND COMPLETED THE ASSESSMENT ON 21.12.2017. FURTHER, L D. A.R. SUBMITTED THAT ON APPEAL BEFORE THE LEARNED CIT(A), THE LEARN ED CIT(A), HAS, UNFORTUNATELY, CONCLUDED THE APPELLATE ORDER WITHOU T GIVING A CLEAR FINDING. IN THE FACTS AND CIRCUMSTANCES OF THE CASE , THE LD. A.R. PLEADED BEFORE US THAT THE ASSESSEE MAY BE GIVEN RE ASONABLE OPPORTUNITY, SO THAT THE MERITS OF THE CASE CAN BE EXPLAINED WITH RELEVANT MATERIAL BEFORE THE APPROPRIATE AUTHORITY. 4. PER CONTRA, THE LD. D.R. STRONGLY SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PE RUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE ASSE SSEE HAS NOT BEEN ITA NO.2171/CHNY/2019 :- 3 -: GIVEN EFFECTIVE OPPORTUNITY OF BEING HEARD, ON THE ISSUES IDENTIFIED BY THE ASSESSING OFFICER. IN THE FACTS AND CIRCUMSTAN CES OF THE CASE, WE DEEM IT FIT TO REMIT THE ISSUES TO THE FILE OF A.O. FOR FRESH EXAMINATION AND HENCE, SET ASIDE THE ORDERS OF BOTH THE AUTHORI TIES BELOW. THE A.O., AFTER GIVING EFFECTIVE OPPORTUNITY OF BEING H EARD TO THE ASSESSEE, SHALL PASS AN APPROPRIATE ORDER IN ACCORDANCE WITH LAW. 6. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HEARING ON 13 TH FEBRUARY, 2020, AT CHENNAI. SD/- SD/- ) (MAHAVIR SINGH) /VICE PRESIDENT ( ( ) (S. JAYARAMAN) !' /ACCOUNTANT MEMBER $% / CHENNAI &' / DATED: 13 TH FEBRUARY, 2020. K S SUNDARAM '())*+ ) ,+ / COPY TO: ) 1 . / APPELLANT 3. ) -). / / CIT(A) 5. +01 )2 / DR 2. / RESPONDENT 4. ) - / CIT 6. 13)4 / GF