Shri Malaiyalathan Ayyanarappan, Pondicherry V. Ito Ward-1, Pondicherry

ITA 624/CHNY/2023

AI Insights

The case involves Mr. Malaiyalathan Ayyanarappan, an agriculturist, who did not file his income tax return for the assessment year 2011-12. The Income Tax Officer reopened the assessment under section 147 of the Income Tax Act, 1961, due to unaccounted income from a time deposit of Rs. 10 lakhs in a bank. The AO passed an ex parte assessment order under section 144 read with section 147, adding Rs. 10 lakhs to the assessee's income. The assessee's appeal to the CIT(A) was dismissed due to non-compliance. The Tribunal noted the assessee's claim that the deposit was from agricultural income and required verification, thus remanding the matter back to the AO for a fresh assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127938 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 30-07-2023
• Assessment Year: misc
• Appeal Filed On: 17-05-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपील सं./ITA No.624/Chny/2023 िनधा रण वष /Assessment Year: 2011-12 Mr.Malaiyalathan Ayyanarappan, No.31, 1 st Cross, Thirumal Nagar, Kosapalayam, Pondicherry-605 013. v. The Income Tax Officer, Ward-I, Pondicherry-605 013. [PAN: AKWPA 6230 E] (अपीलाथ /Appellant) ( थ /Respondent) अपीलाथ की ओर से/ Appellant by : None थ की ओर से /Respondent by : Mr.D.Hema Bhupal, JCIT सुनवाई की तारीख/Date of Hearing : 31.07.2023 घोषणा की तारीख /Date of Pronouncement : 04.08.2023 आदेश / O R D E R PER MANJUNATHA.G, ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Income Tax Department, National Faceless Appeal Centre (NFAC), Delhi, dated 21.03.2023, and pertains to assessment year 2011-12. 2. The brief facts of the case as stated by the assessee are that he is an agriculturist whose source of income is from agricultural activities. The assessee has not filed his return of income for AY 2011-12. The assessment has been re-opened u/s.147 of the Income Tax Act, 1961 (in short “the Act"), for the reasons recorded, as per which, income chargeable to tax had been escaped assessment on account of time deposit into bank account for आयकर अपीलीय अिधकरण, ‘ए’ ‘SMC’ "ायपीठ, चे%ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ / ‘SMC’ BENCH: CHENNAI 'ी मंजूनाथा .जी, माननीय लेखा सद( के सम BEFORE SHRI MANJUNATHA.G, HON’BLE ACCOUNTANT MEMBER ITA No.624/Chny/2023 :: 2 :: an amount of Rs.10 lakhs. Accordingly, notice u/s.148 of the Act, dated 27.03.2018 was served on the assessee. The assessee neither filed return of income nor appeared before the AO and filed any details to explain source for time deposit. Therefore, the AO passed ex parte assessment order u/s.144 r.w.s.147 of the Act on 27.11.2018 and made addition of Rs.10 lakhs towards time deposit into bank for not explaining source for said deposit. The assessee carried the matter in appeal before the First Appellate Authority, but neither appeared nor filed any details, which is evident from Para No.5 of the order of the Ld.CIT(A), where the First Appellate Authority had given ‘seven’ dates of hearing, but no compliance from the assessee. Therefore, the Ld.CIT(A) dismissed the appeal filed by the assessee and sustained addition made towards time deposits. Aggrieved by the order of the Ld.CIT(A), the assessee is in appeal before me. 3. None appeared for the assessee. I have heard the Ld.DR and perused the materials available on record. I find that the AO has made additions towards time deposit when the assessee could not appear and explain source for said deposit. Although, the assessee has filed appeal before the First Appellate Authority, but could not appear and file any details. From the above, it is very clear that the assessee is not serious in pursuing his appeal with honesty. However, the claim of the assessee before us is that he is an agriculturist and the only source for income is from agricultural activities and source for time deposit with bank is also from agricultural ITA No.624/Chny/2023 :: 3 :: activities. The assessee also claims to have taken a sum of Rs.34.80 lakhs agricultural loan from Axis Bank. If the claim of the assessee is correct, then, there cannot be any taxable income, because agricultural income is not taxable. But, fact needs to be verified. The assessee neither appeared before the AO nor filed any details before the First Appellate Authority. Therefore, we are of the considered view that the issue needs to go back to the file of the AO to give one more opportunity of hearing to the assessee, and thus, we set aside the order of the Ld.CIT(A) and restore the issue back to the file of the AO with a direction to re-consider the issue in light of claim of the assessee towards source for time deposit with bank is out of agricultural income earned for relevant assessment years. Needless to say, the assessee shall ensure to submit necessary details without seeking any adjournment. 4. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 04 th day of August, 2023, in Chennai. Sd/- (मंजूनाथा .जी) (MANJUNATHA.G) लेखा सद(/ACCOUNTANT MEMBER चे%ई/Chennai, िदनांक/Dated: 04 th August, 2023. TLN आदेश की ितिलिप अ)ेिषत/Copy to: 1. अपीलाथ /Appellant 3. आयकर आयु*/CIT 5. गाड फाईल/GF 2. थ /Respondent 4. िवभागीय ितिनिध/DR