SHRI ASHWIN RAO, BANGALORE V. ITO, NCW - 7 (1), CHENNAI

ITA 3068/CHNY/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4126 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-10-2020
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 13-10-2020
• Assessment Year: 2016-2017
• Appeal Filed On: 05-11-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Opportunity of being heard; Corroborative evidences
• Section: 68; 143(3); 143(1)

Judgement Text

, , IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . , . , BEFORE SHRI DUVVURU RL REDDY, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A. NO. 3068/CHNY/2019 / ASSESSMENT YEAR: 2016-17 SHRI ASHWIN RAO, NO. 413, 4 TH C MAIN, OMBR LAYOUT, BANASWADI, BANGALORE 560 043, KARNATAKA. [PAN:AGKPR7473G] VS. THE INCOME TAX OFFICER, NON CORPORATE WARD 7(1), CHENNAI. ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI D. ANAND, ADVOCATE / RESPONDENT BY : SHRI ABANI KANTA NAYAK, CIT / DATE OF HEARING : 21.10.2020 /DATE OF PRONOUNCEMENT : 27.10.2020 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 7, CHENNAI, DATED 28.06.2019 RELEVANT TO THE ASSESSMENT YEAR 2016-17. THE LD. COUNSEL FOR THE ASSESSEE HAS MAINLY CHALLENGED THE EX-PARTE ORDER PASSED BY THE LD. CIT(A). I.T.A. NO. 3068/CHNY/19 2 2. THE APPEAL FILED BY THE ASSESSEE IS DELAYED BY 59 DAYS, FOR WHICH, THE LD. COUNSEL FOR THE ASSESSEE HAS FILED A PETITION IN SUPPORT OF AN AFFIDAVIT FOR CONDONATION OF THE DELAY, TO WHICH; THE LD. DR HAS NOT RAISED ANY SERIOUS OBJECTION. CONSEQUENTLY, SINCE THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE, THE DELAY OF 59 DAYS IN FILING OF THE APPEAL STANDS CONDONED AND THE APPEAL IS ADMITTED FOR ADJUDICATION. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE FILED ITS RETURN OF INCOME FOR THE ASSESSMENT YEAR 2016-17 ON 12.11.2016 DECLARING INCOME OF .7,48,900/-. THE RETURN FILED BY THE ASSESSEE WAS PROCESSED UNDER SECTION 143(1) OF THE INCOME TAX ACT, 1961 [ACT IN SHORT]. SUBSEQUENTLY, THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND AGAINST STATUTORY NOTICES, THE ASSESSEE FILED VARIOUS DETAILS. ON PERUSAL OF THE DETAILS FURNISHED BY THE ASSESSEE AND CONSIDERING VARIOUS SUBMISSIONS MADE DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSING OFFICER COMPLETED THE ASSESSMENT UNDER SECTION 143(3) OF THE ACT BY ASSESSING THE TOTAL INCOME OF THE ASSESSEE AT .3,08,36,990/- AFTER MAKING DISALLOWANCE OF UNEXPLAINED CASH CREDITS UNDER SECTION 68 OF THE ACT AT .3,00,88,087/-. ON APPEAL, SINCE THE ASSESSEE COULD NOT RESPONDED/ REPRESENTED HIS CASE, THE LD. CIT(A) DISMISSED THE APPEAL. I.T.A. NO. 3068/CHNY/19 3 4. ON BEING AGGRIEVED, THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE LD. CIT(A) HAS ERRONEOUSLY DISMISSED THE APPEAL SUMMARILY WITHOUT GOING INTO THE MERITS OF THE CASE. THUS, THE LD. COUNSEL PRAYED THAT SUITABLE DIRECTIONS MAY KINDLY BE ISSUED TO THE LD. CIT(A) TO ADJUDICATE THE ISSUE ON MERITS BY GIVING AN OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. ON THE OTHER HAND, THE LD. DR DUTIFULLY SUPPORTED THE ORDERS OF AUTHORITIES BELOW. 5. WE HAVE HEARD BOTH THE SIDES THROUGH VIDEO CONFERENCING, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. ON PERUSAL OF THE APPELLATE ORDER, WE FIND THAT THE ASSESSEE HAS NOT MADE ANY EFFORTS EITHER TO PUT HIS APPEARANCE OR FILED WRITTEN SUBMISSIONS OR PROPER EXPLANATION AGAINST THE FINDINGS OF THE ASSESSING OFFICER WITH EVIDENCES, IF ANY, TO REPRESENT ITS CASE BEFORE THE LD. CIT(A) SINCE THE ASSESSEE HAS NOT FILED ANY PROPER EXPLANATION FOR CASH DEPOSITS IN ASSESSEES BANK ACCOUNT TO THE EXTENT THE DISALLOWANCE MADE. NO AUTHORITY CAN DECIDE AN APPEAL UPON THE GROUNDS OF APPEAL OF THE ASSESSEE WITHOUT ANY SUPPORTING EVIDENCE, ETC. IN VIEW OF THE ABOVE, THE ASSESSEE IS DIRECTED TO FURNISH ALL RELEVANT DOCUMENTS WITH COGENT EVIDENCE ALONG WITH SUITABLE EXPLANATION BEFORE THE LD. CIT(A) AND THE LD. I.T.A. NO. 3068/CHNY/19 4 CIT(A) IS DIRECTED TO ADJUDICATE THE ISSUE RAISED IN THE APPEAL OF THE ASSESSEE AFTER AFFORDING AN OPPORTUNITY OF BEING HEARD. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 27 TH OCTOBER, 2020 IN CHENNAI. SD/ - SD/ - (G. MANJUNATHA) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, 27.10.2020 VM/- /COPY TO: 1. /APPELLANT, 2. / RESPONDENT, 3. ( )/CIT(A), 4. /CIT, 5. /DR & 6. /GF.