Manoj Kumar, Chandigarh V. ITO Ward 5(4), Chandigarh

ITA 532/CHANDI/2022

AI Insights

This case involves an appeal by Shri Manoj Kumar against the order of the Ld. CIT(A), NFAC, Delhi, which was dated 29/04/2022 for the Assessment Year 2012-13. The primary grievances of the appellant included the ex-parte nature of the CIT(A)'s decision, which was claimed to be against the principles of natural justice, and the erroneous treatment of cash deposits amounting to Rs. 1,43,55,573 as unexplained cash credits under section 68 of the Income Tax Act, 1961. The Income Tax Appellate Tribunal, Chandigarh, decided to remand the case back to the CIT(A) for a fresh hearing, providing the appellant another opportunity to present his case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127759 (ITAT-CHANDIGARH)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 14-03-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 27-06-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SUNAKSHI GARG
• Keywords: Unexplained cash credit; Opportunity of being heard; Set aside
• Section: 68; 250

Judgement Text

आयकर अपील य अ धकरण,च डीगढ़ यायपीठ “बी” , च डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “B”, CHANDIGARH ी आकाश द प जैन, उपा य एवं ी $व%म 'संह यादव, लेखा सद,य BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM ITA NO. 532/Chd/ 2022 Assessment Year : 2012-13 Shri Manoj Kumar House No. 201, Dariya, Chandigarh 160002 The ITO Ward 5(4), Chandigarh-160017 PAN NO: BWVPK1934P Appellant Respondent ! " Assessee by : Ms. Sunakshi Garg, CA # ! " Revenue by : Shri Akashdeep, JCIT, Sr. DR $ % ! & Date of Hearing : 15/03/2023 '()* ! & Date of Pronouncement : 16/03/2023 आदेश/Order PER VIKRAM SINGH YADAV, A.M. : This is an appeal filed by the Assessee against the order of the Ld. CIT(A), NFAC, Delhi dt,. 29/04/2022 pertaining to A.Y. 2012-13 wherein the assessee has taken the following grounds of appeal: 1. “That on the facts and circumstances of the case an in law, the order passed by the CIT(A), NFAC u/s 250 of the Income Tax Act, 1961 (‘the Act’), ex- parte which is bad in law and against the principles of natural justice as the assessee had duly requested for an adjournment day before i.e. 27/04/2022. 2. That on the facts and circumstances of the case and in law, the CIT(A) erred in law by treating the cash deposits of Rs. 1,43,55,573/- on the account of unexplained cash credits under section 68 of the Income Tax Act, 1961, without giving the opportunity of being heard with respect to explanation of such cash credits. 3. That the appellant seeks to leave to add, amend, alter, abandon or substitute any of the above grounds during the hearing of the appeal.” 2. At the outset, it is noted that the appeal of the assessee has been decided exparte qua the assessee by the Ld. CIT(A), NFAC. Though various opportunities were provided to the assessee but considering the facts and circumstances of the case and in the interest of substantial justice, we deem it 2 appropriate that the assessee be granted one more opportunity to represent his case on merits. 3. In light of same, the adjournment application filed by the Ld. AR Shri Amitoz Singh is hereby rejected as no useful purpose would be served in adjourning the matter any further and the matter is set aside to the file of the Ld. CIT(A) to decide the same afresh on merits after providing reasonable opportunity to the assessee. 4. It goes without saying that the assessee does not abuse this opportunity and shall participate in the proceedings and file necessary submissions / information as called for by the Ld. CIT(A), NFAC and ensure in timely completion of the proceedings. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 16/03/2023 Sd/- Sd/- आकाश द प जैन $व%म 'संह यादव (AAKASH DEEP JAIN) ( VIKRAM SINGH YADAV) उपा य / VICE PRESIDENT लेखा सद,य/ ACCOUNTANT MEMBER AG Date: 16/03/2023 ( + ! , - . - Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. $ / CIT 4. - 0 ग 2 3 & 2 3 456 ग7 DR, ITAT, CHANDIGARH 5. ग 6 8 % Guard File ( + $ By order, 9 # Assistant Registrar