SUVIDHINATH HOSIERY, COIMBATORE V. ASSISTANT DIRECTOR OF INCOME TAX, BENGALURU

ITA 293/CHNY/2023

AI Insights

The case involves Suvidhinath Hosiery, the appellant, contesting an order from the Commissioner of Income Tax (Appeals) at the National Faceless Appeal Centre, Delhi, which was based on an intimation from the Centralized Processing Center, Bangalore. The dispute arose from an adjustment made under section 143(1) of the Income Tax Act, 1961, for the Assessment Year 2019-20, which the assessee argued was a double addition as the interest income was already taxed. The Tribunal acknowledged the principles of natural justice and provided another opportunity for the assessee to present its case, highlighting procedural fairness in tax adjudication.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133938 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 23-04-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 06-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Set aside
• Section: 143(1)

Judgement Text

आयकर अपीलीय अिधकरण ‘बी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI माननीय +ी मनोज कु मार अ/वाल ,लेखा सद4 एवं माननीय +ी मनोमोहन दास, ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANOMOHAN DAS, JUDICIAL MEMBER आयकर अपील सं./ ITA No.293/Chny/2023 (िनधा@रण वष@ / Assessment Year: 2019-20) Suvidhinath Hosiery 59, Bashyakarlu Road West, R.S. Puram, Coimbatore-641002. बनाम / V s. ADIT CPC, Bengaluru. थायी लेखा सं./जीआइ आर सं./P AN /GI R No . AAK FS -4 9 1 5 -J (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ की ओरसे/ Appellant by : Shri Suraj Nahar (C.A) – Ld. A.R थ की ओरसे/Respondent by : Shri D. Hema Bhupal (JCIT) –Ld. DR सुनवाई की तारीख/Date of Hearing : 24-04-2023 घोषणा की तारीख /Date of Pronouncement : 24-04-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2019-20 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 29-10-2022 in the matter of an intimation dated 22-02-2020 issued by Centralized Processing Center, Bangalore (CPC) u/s. 143(1) of the Act. The registry has noted delay of 69 days in the appeal which stand condoned. One of the grounds raised by the assessee is that Ld. CIT(A) has erred in passing the ex-parte order. The Ld. AR pleaded for ITA No.293/Chny/2023 - 2 - another opportunity of hearing. It was also demonstrated that the adjustment made by CPC amounts to double addition since interest income was already offered to tax. The Ld. Sr. DR submitted that the adjustment stem from wrong filling of column in Income Tax Return. 2. We find that the assessee did not attend the appellate proceedings despite being provided with various opportunities. Accordingly the impugned adjustment was confirmed. However, keeping in mind the principle of natural justice, we deem it fit to provide another opportunity of hearing to the assessee. Accordingly, the impugned order is set aside and the appeal is restored to first appellate authority for de-novo adjudication by way of a speaking order considering the fact that the interest income is being taxed twice. Needless to add that reasonable opportunity of hearing shall be granted to the assessee. The assessee, in turn, is directed to substantiate its stand. 3. The appeal stand allowed for statistical purposes. Order pronounced in the open Court on 24 th April, 2023. Sd/- (MANOMOHAN DAS) ाियक सद4 /JUDICIAL MEMBER Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद4 / ACCOUNTANT MEMBER चे*ई / Chennai; िदनांक / Dated : 24-04-2023 EDN/- आदेश की Sितिलिप अ /ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु3/CIT 4. िवभागीय ितिनिध/DR 5. गाड फाईल/GF