PALANISAMY BUVANARANI, NAMAKKAL V. ITO, CHE-W-(65)(92), CHENNAI

ITA 375/CHNY/2023

AI Insights

The case involves an appeal by the assessee, Palanisamy Buvanarani, against an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The appeal pertains to the Assessment Year 2012-13, where the assessee was subjected to an addition of Rs. 30 lakhs due to unexplained cash deposits in a bank account. The assessee claimed that the deposits were from income and sale of agricultural land by her husband, along with past savings. However, the absence of documentary evidence led to the rejection of this explanation by the AO. During the appellate proceedings, the assessee failed to comply with hearing notices, resulting in the confirmation of the addition. The ITAT, considering the principles of natural justice, decided to remand the case back to the AO, allowing the assessee another opportunity to present the necessary documents.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133929 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 25-04-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 22-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

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.375/Chn y/2023 (िनधा@रण वष@ / Assessment Year: 2012-13) Palanisamy Buvanarani 8/136, Kongu Nagar Muniyappan Kovil Pallakkapalayam Post Thiruchengode Tk. Namakkal Dist.- 637 303 बनाम / V s . Income Tax Officer CHE-W-(65)(92) Namakkal. थायी लेखा सं. /जीआइ आर सं. /P AN / G I R No . AV FP B -40 69-C (अपीलाथ$/Appellant) : (%&थ$ / Respondent) अपीलाथ$ की ओरसे/ Appellant by : Shri N.Arjun Raj (C.A)-Ld. AR %&थ$ की ओरसे/Respondent by : Shri D.Hema Bhupal (JCIT) –Ld.DR सुनवाई की तारीख/Date of Hearing : 26-04-2023 घोषणा की तारीख /Date of Pronouncement : 26-04-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 07-02-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.147 r.w.s 144B of the Act on 15-09-2021. In the assessment order, the assessee was saddled with addition of Rs.30 Lacs on account of cash deposit made in certain bank account. ITA No.375/Chny/2023 - 2 - The assessee submitted that the cash was deposited out of income and sale of agricultural land by husband and also out of past savings. In the absence of any documentary evidences, the explanation was rejected. During appellate proceedings, the hearing notices remained un-complied with which led to confirmation of impugned addition. Aggrieved, the assessee is in further appeal before us. 2. Before us, Ld. AR has pleaded for another opportunity and undertook to file the requisite details in support of the claim. The Ld. Sr. DR opposed any interference in the impugned order. 3. We find that the impugned addition has been made since the assessee could not file the supporting documents. However, keeping in mind the principle of natural justice, we deem it fit to provide another opportunity to the assessee and therefore, restore the impugned disallowance to the file of Ld. AO with a direction to the assessee to substantiate its claim. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 26 th April, 2023. Sd/- (MANOMOHAN DAS) ाियक सद4 / JUDICIAL MEMBER Sd/- ( MANOJ KUMAR AGGARWAL ) लेखा सद4 / ACCOUNTANT MEMBER चे5ई / Chennai; िदनांक / Dated : 26-04-2023 DS आदेश की Sितिलिप अ /ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आय ु त/CIT 4. वभागीय त न ध/DR 5. गाड फाईल/GF