SMT. BEENA JAYAKRISHNAN, CHENNAI V. ITO, NCW - 16 (2), CHENNAI

ITA 2536/CHNY/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 7186 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 05-09-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: L MOHUN
• Keywords: Opportunity of being heard
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , . , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN , ACCOUNTANT MEMBER ./ ITA NO. 2536 /CHNY/ 201 9 / ASSESSMENT YEAR: 201 4 - 15 SMT. BEENA JAYAKRISHNAN, NO.11, CASSIA APARTMENTS, 1 ST CROSS STREE T, CIT COLONY, CHENNAI 600 0 04 [PAN: AAMPJ 4613Q ] VS. THE INCOME TAX OFFICER NON CORPORATE WARD 16(2) CHENNAI 600 034. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. L. MOHUN , ADV OCATE /RESPONDENT BY : M S . R. ANITA , JCIT / DATE OF HEARING : 12 . 1 2 .2019 / DATE OF PRONOUNCEMENT : 12 .12 .2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE O RDER OF THE LEARNED COMMIS SIONER OF INCOME TAX (APPEALS) - 4 , CHENNAI I N ITA NO. 49/2017 - 18/AY:2014 - 15/CIT(A) - 4 DATED 07.06.2019 FOR THE ASSESSMENT YEAR 201 4 - 1 5 . ITA NO. 2536 / C HNY / 201 9 : - 2 - : 2. SHRI . L. MOHUN , ADVOCATE REPRESENTED ON BEHALF OF THE ASSESSEE AND MS. R. ANITA , JCIT REPRE SE NTED ON BEHALF OF THE R EVENUE . 3 . IT WAS SUBMITTED BY THE LEARNED AUTHORIZED REPRESENTATIVE THAT THE LEARNED CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE ON NON - PROSECUTION AS ALSO ON MERITS. IT WAS A SUBMISSION THAT THE ISSUES IN THE APPEAL MAY BE RE STORED TO THE FILE OF THE LEARNED CIT(A) FOR RE - ADJUDICATION AND AFTER GRANTING THE ASSESSEE ANOTHER OPPORTUNITY TO SUBSTANTIATE HIS CASE. 4. IN REPLY, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE LEARNED CIT(A) HAD GIVEN NINETEEN OPPORTUNIT IES, DETAILS OF WHICH ARE EXTRACTED IN PAGE - 3, PARA - 4 OF THE ORDER OF THE LEARNED CIT(A). IT WAS A SUBMISSION THAT EVEN BEFORE THE ASSESSING OFFICER, NO DETAILS HAVE BEEN PRODUCED AS IS EVIDENT FROM PAGE - 2 OF THE ASSESSMENT ORDER. IT WAS A SUBMISSION THA T IF THE ASSESSEE IS GOING TO BE GRANTED ANOTHER OPPORTUNITY, THEN PUNITIVE C OST MAY BE LEVIED ON THE ASSESSEE. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSION AND PERUSED THE MATERIALS AVAILABLE ON RECORD. 6. A PERUSAL OF THE ORDER OF THE ASSESSING OFFICER S HOWS THAT INSPITE OF SUBSTANTIAL OPPORTUNITIES BEING GIVEN, THE ASSESSEE HAS NOT CO - OPERATED IN THE ASSESSMENT PROCEEDINGS. A PERUSAL OF THE ORDER OF THE LEARNED CIT(A) SHOWS THAT EVEN THOUGH AM P LE OPPORTUNITIES HAVE BEEN GRANTED TO THE ASSESSEE, NO DETAI LS HAVE BEEN PRODUCED BEFORE THE APPELLATE AUTHORITY. ITA NO. 2536 / C HNY / 201 9 : - 3 - : NOW, THE ASSESSEE IS SEEKING ANOTHER OPPORTUNITY. A PERUSAL OF THE ASSESSMENT ORDER ALSO SHOWS THAT THE ASSESSEE HAS FAILED TO FURNISH ANY EVIDENCES IN RESPECT OF THE ISSUES RAISED IN THE SHOW - CAUSE N OTICE ISSUED BY THE ASSESSING OFFICER. IN THE ABSENCE OF ANY EVIDENCE HAVE BEEN PRODUCED IN THE ASSESSMENT PROCEEDINGS , CLEARLY THE ASSESSEE COULD NOT HAVE PRODUCED ANY EVIDENCE FOR CONSIDERATION BEFORE THE LEARNED CIT(A). THE BEHAVIOR OF THE ASSESSEE BE FORE THE LEARNED CIT(A) HAS ALSO BEEN NEGLIGENT. NOW, HOWEVER THE LEARNED AUTHORIZED REPRESENTATIVE SUBMITS THAT THE ASSESSEE WILL CO - OPERATE IN THE PROCEEDINGS. 7. IN THE CIRCUMSTANCES, CONSIDERING THE PRAYER OF THE LEARNED DEPARTMENTAL REPRESENTATIVE, P UNITIVE COST OF AN AMOUNT OF RS.50,000/ - IS LEVIED ON THE ASSESSEE. THE ASSESSEE SHALL PAY THE PUNITIVE COST OF RS.50,000/ - WITHIN THE NEXT THREE MONTHS FROM THE DATE OF THIS ORDER TO THE PRIME MINISTERS DISASTER RELIEF FUND. SUBJECT TO THE ASSESSEE PAY ING THE SAID PUNITIVE COST WITHIN THE NEXT THREE MONTHS, THE ISSUES IN THIS APPEAL ARE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - ADJUDICATION AFTER GRANTING THE ASSESSEE ADEQUATE OPPORTUNITY OF BEING HEARD. IN THE EVENT THE ASSESSEE DOES NOT PA Y THE PUNITIVE COST OF RS.50,000/ - TO THE PRIME MINISTERS DISASTER RELIEF FUND AS DIRECTED ABOVE, THE ASSESSMENT MADE BY THE ASSESSING OFFICER AND AS CONFIRMED BY THE LEARNED CIT(A) WOULD REMAIN CONFIRMED. ITA NO. 2536 / C HNY / 201 9 : - 4 - : 8 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISPOSED OF WITH DIRECTIONS AS MENTIONED ABOVE. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH DECEMBER , 2019 IN CHENNAI. SD/ - ( . ) ( S. JAYARAMAN ) /ACCOUNTANT MEMBER / CHENNAI, / DATED: 12 TH DECEMBER , 2 019 . IA, SR. PS SD/ - ( ) (GEORGE M ATHAN) /JUDICIAL MEMBER / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR 6. / GF