N.S.Mohan, CHENNAI V. ITO Business Ward XIII(4), Chennai

ITA 2761/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3813 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 26-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S RENGA RAJAN
• Assessee Lawyers: REMA SMRITHI V K

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . . . , , BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER / ITA NO.2761/CHNY/2018 & S.P NO.321/CHNY/2018 (IN ITA NO.2761/CHNY/2018) $$ /ASSESSMENT YEAR : 2011-12 SHRI N.S.MOHAN, NO.11, ORMES ROAD, 3 RD CROSS STREET, KILPAUK, CHENNAI - 600 010. VS INCOME TAX OFFICER, BUSINESS WARD-XIII(4), CHENNAI. PAN: AGWPM9852G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. REMA SMRITHI V.K., ADVOCATE /RESPONDENT BY : MR. S.RENGARAJAN, JCIT /DATE OF HEARING : 10.01.2019 /DATE OF PRONOUNCEMENT : 04.02.2019 / O R D E R PER N.R.S.GANESAN, JM: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-12, CHENNA I DATED 24.07.2018 AND PERTAINS TO ASSESSMENT YEAR 2011-12. 2. MS. REMA, LEARNED COUNSEL FOR THE ASSESSEE SUBMI TTED THAT AS PER THE AIR INFORMATION, ASSESSING OFFICER FOUND THAT THERE WAS A CASH DEPOSIT OF 15,19,500/- IN THE BANK ACCOUNT. THE 2 ITA NO.2761/CHNY/2018 & S.P NO.321/CHNY/2018 ASSESSING OFFICER HAS ALSO FOUND THAT A SUM OF 17,90,000/- WAS DEPOSITED IN THE BANK ACCOUNT. ACCORDING TO THE LEA RNED COUNSEL, ASSESSEE HAS TAKEN LOAN OF 1,53,54,638/- FROM VARIOUS PEOPLE AND DETAILS WERE FURNISHED DURING THE COURSE OF A SSESSMENT BEFORE THE ASSESSING OFFICER. HOWEVER, THE ASSESSI NG OFFICER HAS TOTALLY IGNORED THE DETAILS FILED BY THE ASSESSEE. ACCORDING TO THE LEARNED COUNSEL, THE ASSESSEE WAS ADMITTEDLY HOSPIT ALIZED AND HE WAS IN COMA STAGE .THEREFORE, HE COULD NOT DEFE ND THE APPEAL PROPERLY BEFORE THE COMMISSIONER OF INCOME-TAX (APP EALS). THE LEARNED COUNSEL HAS ALSO FILED A COPY OF MEDICAL CE RTIFICATE ISSUED BY ONE DR. SADAYAVEL KAILASAM, AN ORTHOPEDIC SURGEO N IN SUPPORT OF THE HEALTH CONDITION OF THE ASSESSEE. T HEREFORE, LEARNED COUNSEL HAS SUBMITTED THAT AN OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE TO PRODUCE ALL THE RELEVANT MATER IALS BEFORE THE ASSESSING OFFICER, SO THAT HE CAN APPRECIATE THE SA ME IN A PROPER MANNER. 3. WE HEARD SHRI S.RENGARAJAN, LEARNED DR ALSO. TH E FACT THAT THE ASSESSEE WAS ADMITTED IN THE HOSPITAL AND HE WAS IN COMA STAGE IS NOT IN DISPUTE. THE ASSESSEE IN SUPPORT O F HIS CLAIM OF HEALTH CONDITION HAS ALSO FILED COPY OF THE MEDICA L CERTIFICATE. IN 3 ITA NO.2761/CHNY/2018 & S.P NO.321/CHNY/2018 THOSE FACTS AND CIRCUMSTANCES, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT MATTER NEEDS TO BE RECONSIDERED BY THE ASSESSING OFFICER BY GIVING ONE MORE OPPORTUNITY. GIVING ON E MORE OPPORTUNITY MAY NOT PREJUDICE THE INTERESTS OF THE REVENUE IN ANY WAY. THIS TRIBUNAL IS OF THE CONSIDERED OPINION THA T GIVING ONE MORE OPPORTUNITY WOULD DEFINITELY PROMOTE THE CAUSE OF JUSTICE. ACCORDINGLY, THE ORDERS OF THE LOWER AUTHORITIES AR E SET ASIDE AND THE ENTIRE ISSUES ARE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL RE-EXAMINE THE MATTER AFRESH IN THE LIGHT OF THE MATERIALS THAT MAY BE FILED BY THE ASSESSEE BEFORE HIM IN ACCORDANCE WITH LAW AND THEREAFTER DE CIDE THE SAME AFTER GIVING A REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE . 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. THE STAY PETITION FILED BY TH E ASSESSEE HAS BECOME INFRUCTUOUS AND THE SAME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH FEBRUARY, 2019 SD/- SD/- ( ) ( . . . ) ( INTURI RAMA RAO ) ( N.R.S.GANESAN) $ / ACCOUNTANT MEMBER %& $ / JUDICIAL MEMBER 4 ITA NO.2761/CHNY/2018 & S.P NO.321/CHNY/2018 % /CHENNAI, ) /DATED 4 TH FEBRUARY, 2019. SOMU &,- .- /COPY TO: 1. APPELLANT 2. RESPONDENT 3. / ( ) /CIT(A) 4. /CIT 5. /DR 6. /GF