CHELLAKAN MARTHANDAN RAJA, KANCHIPURAM V. ITO NON CORPORATE WARD-15(3), CHENNAI

ITA 294/CHNY/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4962 (ITAT-CHENNAI)
• Duration Of Justice: 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 05-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANITHA
• Keywords: Set aside
• Section: 13

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B BENCH, CHENNAI [ , , BEFORE SHRI V DURGA RAO, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.294/CHNY/2020 ( [ [ / ASSESSMENT YEAR: 2011-12) / APPELLANT BY : NONE / RESPONDENT BY : MS. ANITHA, JCIT /DATE OF HEARING : 13.10.2020 /DATE OF PRONOUNCEMENT : 13.10.2020 / 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)-15, CHENNAI IN ITA NO.272/CIT(A)-15/2018-19 DATED 28.11.2019 FOR THE ASSESSMENT YEAR 2011-12. SHRI CHELLAKAN MARTHANDAN RAJA, NO.11, CASAGRAND, ECR ROAD, UTHANDI, KANCHIPURAM 600 119. VS THE ITO, NON-CORPORATE WARD 15(3), CHENNAI. PAN: A WWPR4366A ( /APPELLANT) ( /RESPONDENT) 2 ITA NO.294/CHNY/2020 2. SHRI CHELLAKAN MARTHANDAN RAJA, THE ASSESSEE FILED THE RETURN FOR THE ASSESSMENT YEAR 2010-11 AFTER ISSUE OF NOTICE U/S.148 AND LEVY OF PENALTY U/S.271(1)(B). THE AO PASSED ORDER U/S.143(3) R.W.S 147 OF THE ACT. AGGRIEVED, THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). THE LD.CIT(A) DISMISSED THE APPEAL. AGGRIEVED AGAINST THE ORDER OF THE LD.CIT(A), THE ASSESSEE FILED THIS APPEAL. 3. WHILE THE CASE WAS TAKEN UP FOR HEARING, NONE APPEARED FROM THE ASSESSEES SIDE. 4. WE HEARD THE LD.DR THROUGH VIDEO CONFERENCING AND GONE THROUGH THE ORDER OF THE LD.CIT(A). FROM THE ORDER OF THE LD.CIT(A), IT IS EVIDENT THAT THE ASSESSEE HAS FAILED TO PURSUE THE APPEAL BEFORE THE LD.CIT(A). SINCE, THE APPEAL IS DECIDED WITHOUT HEARING THE ASSESSEE, IN THE INTERESTS OF JUSTICE, WE DEEM IT FIT TO REMIT THE ISSUES BACK TO THE CIT(A) FOR DECIDING THE CASE ON MERIT AFTER AFFORDING EFFECTIVE OPPORTUNITY TO THE ASSESSEE. IN VIEW OF THE ABOVE, WE SET ASIDE THE ORDER OF THE CIT(A) AND REMIT THE MATTER BACK TO THE FILE OF THE CIT(A) FOR A FRESH CONSIDERATION. THE ASSESSEE SHALL PLACE RELEVANT MATERIAL BEFORE THE CIT(A) AND ACTIVELY PURSUE HIS APPEAL AS REQUIRED BY THE CIT(A) IN ACCORDANCE WITH LAW. THE CIT(A), ON DUE EXAMINATION OF 3 ITA NO.294/CHNY/2020 THEM AND AFTER AFFORDING DUE OPPORTUNITY TO THE ASSESSEE, SHALL DECIDE THE ISSUES IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE 13 TH OCTOBER, 2020 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 13 TH OCTOBER, 2020 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( ) (V. DURGA RAO) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER