SHRI VUMMIDI CHANDRAIAH CHETTY, CHENNAI V. ITO, NCW-1 (3), CHENNAI

ITA 2892/CHNY/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2680 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 16-10-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI , , $ BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER /. I.T.A. NO.2892/CHNY/2019 / ASSESSMENT YEAR : 2011-12 SHRI. VUMMIDI CHANDRAIAH CHETTY MURALI, FLAT A-1, CEEBROS CASTLE , 12/15, VALMIKI STREET, T. NAGAR, CHENNAI 600 017. [PAN: AHIPM 8053C] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 1(3), CHENNAI. ( / APPELLANT) ( %&' /RESPONDENT ) '( / APPELLANT BY : SHRI. S. SRIDHAR, ADVOCATE %&'( / RESPONDENT BY : SHRI. A R V SREENIVASAN, JCIT ( /DATE OF HEARING : 21.01.2020 ( /DATE OF PRONOUNCEMENT : 10.03.2020 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER : THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-2, CHENNAI, IN ITA NO. 114/CIT (A)-2018-19 DATED 29.08.2019 FOR ASSESSMENT YEAR 2011-12. :-2-: ITA NO.2892/CHNY/2019 2. SHRI. VUMMIDI CHANDRAIAH CHETTY MURALI, THE ASSE SSEE, AN INDIVIDUAL HAS NOT FILED HIS RETURN OF INCOME FOR A SSESSMENT YEAR 2011- 12. THE ASSESSEE WAS DOING BUSINESS UP TO ASSESSME NT YEAR 2010-11, WHICH WAS TAKEN OVER BY MR. MADHUSUDHAN W.E.F. 01.0 4.2010. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE AO CALLED FOR DETAILS FOR THE CASH DEPOSITS MADE IN THE BANK ACCOUNTS OF THE ASSE SSEE. THE ASSESSEE EXPLAINED THAT THE CASH DEPOSITS WERE THAT OF V. MURALI, HUF OUT OF THE SALE PROCEEDS OF THE PROPERTY AND FURNIS HED VARIOUS DETAILS AND DOCUMENTS. THE AO RELYING ON THE SWORN STATEME NT OF THE PURCHASER, WHO HAD CATEGORICALLY DENIED PAYING CASH TO THE ASSESSEE, MADE AN ADDITION OF RS. 1.9 CRORES IN THE HANDS OF THE ASSESSEE. 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. THE LD. AR SUBMITTED THAT THE AUDITOR WHO REPRES ENTED THE CASE SUFFERED FROM CANCER AND HE COULD NOT PURSUE THE CA SE BEFORE THE LD. CIT(A). THEREFORE, PLEADED THAT ONE MORE OPPORTUNI TY MAY BE GIVEN TO THE ASSESSEE BEFORE THE LD. CIT(A) SO THAT THE I SSUES ARE DECIDED ON MERITS IN THE INTERESTS OF JUSTICE. PER CONTRA, THE LD. DR SUPPORTED :-3-: ITA NO.2892/CHNY/2019 THE ORDERS OF THE LOWER AUTHORITIES AS THE ASSESSEE HAS NOT PERUSED THE MATTER. 4. WE HEARD THE RIVAL SUBMISSIONS AND GONE THR OUGH THE RELEVANT MATERIAL. SINCE THE ASSESSEE HAS FAILED TO PURSUE THE APPEAL BEFORE THE LD. CIT(A), THE LD. CIT(A) DISMISSED THE APPEAL . SINCE THE ASSESSEE PLEADS ONE MORE OPPORTUNITY BEFORE THE LD. CIT(A) FOR DECIDING THE ISSUES ON MERIT, WE DEEM IT FIT TO REM IT THE ISSUES BACK TO THE FILE OF LD. CIT(A) FOR A FRESH EXAMINATION SUBJ ECT TO A COST OF RS. 10,000/- ON THE ASSESSEE, WHO SHALL PAY THE SAME TO THE PRIME MINISTER NATIONAL RELIEF FUND (PMNRF). SUBJECT TO THE ASSESSEE DEPOSITING RS. 10,000/-, TO THE PMNRF AND PRODUCING THE COPY OF THE RECEIPT THEREOF BEFORE THE LD. CIT(A), THE LD. CIT( A) WOULD POST THE CASE FOR HEARING. THE ASSESSEE SHALL PLACE RELEVAN T MATERIAL BEFORE THE LD. CIT(A) AND ACTIVELY PURSUE HIS APPEAL BEFOR E THE LD. CIT(A) IN ACCORDANCE WITH LAW. THE LD. CIT(A), ON DUE EXAMINA TION OF THEM AND AFTER AFFORDING DUE OPPORTUNITY TO THE ASSESSEE/AO AS THE CASE MAY BE, SHALL DECIDE THE ISSUES IN ACCORDANCE WITH LAW. :-4-: ITA NO.2892/CHNY/2019 5. IN THE RESULT, THE APPEAL FILED BY THE ASSE SSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON TUESDAY, 10 TH MARCH, 2020 AT CHENNAI. SD/- ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) ! /ACCOUNTANT MEMBER /CHENNAI, 0 /DATED: 10 TH MARCH, 2020 JPV (%2343 /COPY TO: 1. ' / APPELLANT 2. %&' /RESPONDENT 3. 5 ) ( /CIT(A) 4. 5 /CIT 5. 3% /DR 6. /GF