SHRI S. NATESAN, ERODE V. DCIT, CENTRAL CIRCLE - 1, COIMBATORE

ITA 3332/CHNY/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6098 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 08-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ एवं Įी मनोज क ु मार अĒवाल, लेखा सदèय के सम¢ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.: 3331 & 3332/CHNY/2019 िनधाᭅरण वषᭅ /Assessment Year: 2009-10 & 2010-11 Shri S. Natesan, No.5, Patel Street, Surampatti Valasu, Erode – 638 009. PAN: ABWPN 5392H vs. The DCIT, Central Circle -1, Coimbatore. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri S. Sridhar, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri Ravindra T. Mishra, JCIT स ु नवाई कȧ तारȣख/Date of Hearing : 18.07.2022 घोषणा कȧ तारȣख/Date of Pronouncement : 18.07.2022 आदेश /O R D E R PER MAHAVIR SINGH, VICE PRESIDENT: These two appeals by the assessee are arising out of order of two different orders of the Commissioner of Income Tax (Appeals)- 16, Chennai, in ITA Nos.132 & 133/CIT(A)-16/2015-16 both dated 14.11.2019. The assessments were framed by the DCIT, Central Circle -1, Coimbatore for the assessment years 2009-10 & 2010-11 2 ITA Nos.3331 & 3332/Chny/2019 u/s.143(3) / 144 r.w.s 147 of the Income Tax Act, 1961 (hereinafter the ‘Act’) vide orders of same date 30.03.2015. 2. At the outset, ld.counsel for the assessee stated that for assessment year 2009-10, the only issue under challenge is disallowance confirmed by CIT(A) regarding investments made in the following:- (i) LIC Premium - Rs.1,13,467 (ii) ICICI Prudential Life Insurance – Rs.4,98,500 Total - Rs.6,11,967 In Assessment year 2010-11, the dispute is regarding addition of Rs.30,69,002/- making addition of opening capital u/s.68 of the Act. 3. The ld.counsel took us through the orders of CIT(A) in both the years and stated that there is no adjudication at all on facts despite remand report taken by CIT(A). The ld.counsel for the assessee read out the orders of CIT(A) and particularly order in assessment year 2009-10 and stated that once the CIT(A) simply affirmed the finding of AO without his independent adjudication, the order cannot survive. When these facts were put across to ld. Senior DR, he strongly relied on the order of CIT(A) and stated that the CIT(A) decided the issue after taking remand report from the AO. 3 ITA Nos.3331 & 3332/Chny/2019 4. After hearing both the sides and going through the facts, we noted that in both the years, the adjudication by CIT(A) is by non- speaking order and it is not clear how the CIT(A) has confirmed the addition. Even the assessee seems has not co-operated with the AO by giving full details like bank statements, etc., as noted by the AO. Further, we are inclined to set-aside the orders of CIT(A) in both the years and remand the matter back to his file for fresh adjudication. Further, we direct the assessee also to produce the entire evidence and bank statements before the CIT(A) and also any supporting evidences which helps in adjudication of these issues. In term of the above, orders of CIT(A) in both the years are set aside and matter remanded back to his file for fresh adjudication. 5. In the result, the appeals filed by the assessee are allowed for statistical purposes. Order pronounced in the open court on 18 th July, 2022 at Chennai. Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 18 th July, 2022 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ (अपील)/CIT(A) 4. आयकर आयुᲦ /CIT 5. िवभागीय ᮧितिनिध/DR 6. गाडᭅ फाईल/GF.