SHRI DAMODARAN SIVASANKARAN, CHENNAI V. ITO, NCW - 7 (3), CHENNAI

ITA 512/CHNY/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9135 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 03-03-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Set aside
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण, ‘बी’ (एस एम सी) ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ (SMC) BENCH, CHENNAI Įी महावीर ͧसंह, उपाÚय¢ के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT आयकर अपील सं./ITA No.: 512/CHNY/2020 िनधाᭅरण वषᭅ /Assessment Year: 2011-12 Shri Damodaran Sivasankaran, Plot No.1656, 21 st Main Road, Chennai – 600040. PAN : AASPS 5917Q v. The ITO, Non-Corporate Ward-7(3) Chennai - 34. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri K. Balasubramanian, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri B. Sajive, JCIT स ु नवाई कȧ तारȣख/Date of Hearing : 08.11.2021 घोषणा कȧ तारȣख/Date of Pronouncement : 08.11.2021 आदेश /O R D E R 1. This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-7, Chennai, in ITA No.134/CIT(A)-7/2018-19, order dated 16.12.2019. The Assessment was framed by Income Tax Officer, Non-Corporate Ward - 7(3), Chennai for the assessment year 2011-12 vide order dated 26.12.2018 U/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter ‘the Act’). 2 I.T.A. No.512/Chny/2020 2. At the outset, the ld.counsel for the assessee took me through the order of CIT(A) and stated that order of CIT(A) is ex-parte and a non-speaking order. When this was confronted to ld.senior Department Representative, he could not controvert the above factual situation. The ld.counsel then took me through the assessment order and read out Para 2 & 3 and stated that even the AO has not allowed opportunity of being heard and simpliciter made addition by stating that the assessee has not produced any evidence of expenses in regard to repayment of credit card bills. This fact was also confronted to ld.senior DR, but he could not controvert. 3. After hearing both the sides and going through the orders of the lower authorities i.e., order of the CIT(A) as well as order of the AO, I noticed that orders of the lower authorities i.e., both the authorities are non-speaking and even the order of CIT(A) is ex-parte. Practically, the CIT(A) has not allowed opportunity of being heard to the assessee. When these facts were put to both the sides, both agreed that matter can be restored to the file of the AO for fresh adjudication because in case, the matter is set aside to the file 3 I.T.A. No.512/Chny/2020 of the CIT(A), the CIT(A) has to obtain report from the AO. Hence I deem it fit, in the interest of natural justice that matter be set aside to the AO. Hence, I reverse the orders of the lower authorities and remand the matter back to the file of the AO for fresh adjudication. 4. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 8 th November, 2021 at Chennai. Sd/- (महावीर ͧसंह ) (Mahavir Singh) उपाÚय¢ /Vice President चे᳖ई/Chennai, ᳰदनांक/Dated, the 8 th November, 2021 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.