RAJASEKAR RAM MANOHAR, CHENNAI V. ACIT NON CORPORATE CIRCLE-1(1), CHENNAI

ITA 3456/CHNY/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 4476 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 3 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Set aside
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण ’सी’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय ŵी महावीर िसंह, उपाȯƗ एवं माननीय ŵी मनोज कु मार अŤवाल , लेखा सद˟ के समƗ। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No.3456/Chny/2019 (िनधाŊरणवषŊ / Assessment Year: 2013-14) Shri Rajasekar Ram Manohar No.7, Canal Bank Road, Katuribai Nagar, Adyar, Chennai – 600 020. बनाम/ Vs. ACIT Non Corporate Circle-1(1), Chennai. ̾थायीलेखासं./जीआइआरसं./PAN/GIR No. AAKPM-0682-J (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎकीओरसे/ Appellant by : Shri D. Anand (Advocate)-Ld. AR ŮȑथŎकीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT) – Ld. Sr. DR सुनवाईकीतारीख/ Date of Hearing : 12-04-2022 घोषणाकीतारीख / Date of Pronouncement : 18-04-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member): 1. Aforesaid appeal by assessee for Assessment Year (AY) 2013-14 arises out of the order of learned Commissioner of Income Tax (Appeals)-2,Chennai [CIT(A)] dated 29.08.2019 in the matter of assessment framed by the Ld. Assessing Officer [AO] u/s. 143(3) of the Act dated 20.03.2016. The assessee has filed revised Form No.36. The grounds taken by the assessee are as under: ITA No.3456/Chny/2019 - 2 - 1. The order of the learned Commissioner Of Income (Appeals)-2, is wrong, illegal and is opposed to law. 2. The learned CIT(A) erred in disposing off the appellants appeal without providing adequate opportunity to the appellant to prosecute his case. The said order is against provision of law principles of natural justice. 3. The learned CIT(A) erred in law is dismissing the appellants appeal for non-prosecution and without a speaking order and without adjudicating the various grounds raised by the appellant. 4. The learned CIT(A) erred in law in not allowing the claim made by the appellant under section 24(b) of the Income Tax Act. 5. The leaned CIT(A) erred in not considering the alternate plea of the appellant that income from ground rent is assessable under the head other sources and consequently the interest claimed by the appellant is allowable under section 57(iii) of the Income Tax Act. 2. The Registry has noted a delay of 21 days in the appeal, the condonation of which has been sought by the assessee on the strength of affidavit of the assessee wherein it has been submitted that the appeal papers got mixed up and could not traced until 16.12.2019. Accordingly, there was a delay of 21 days in the appeal. Though Ld. Sr. DR opposed the condonation of delay, however, keeping in view the period of delay and contents of the affidavit, we condone the delay and admit the appeal for adjudication on merits. 3. In assessment order dated 23.03.2016, the deduction of interest of Rs.20.92 Lacs as claimed by the assessee u/s 24(b) was disallowed. Though the assessee preferred further appeal, however, none appeared for assessee and consequently, the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. 4. Considering the above factual matrix, we set aside the impugned order and remit the matter back to the file of Ld. CIT(A) for denovo adjudication with a direction to the assessee to substantiate its case. Needless to add that adequate opportunity of hearing shall be granted to the assessee. ITA No.3456/Chny/2019 - 3 - 5. The appeal stand allowed for statistical purposes. Order pronounced on 18 th April, 2022. Sd/- (MAHAVIR SINGH) उपाȯƗ /VICE PRESIDENT Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद˟ /ACCOUNTANT MEMBER चेɄई/ Chennai; िदनांक/ Dated : 18-04-2022 EDN आदेशकीŮितिलिपअŤेिषत/Copy of the Order forwarded to : 1. अपीलाथȸ/Appellant 2. Ĥ×यथȸ/Respondent 3. आयकरआय ु Èत (अपील)/CIT(A)4. आयकरआय ु Èत/CIT 5. ͪवभागीयĤǓतǓनͬध/DR 6. गाड[फाईल/GF