Duraisamy Ramesh, CHENNAI V. DCIT Corporate Circle 1(2), CHENNAI

ITA 627/CHNY/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1101 (ITAT-CHENNAI)
• Duration Of Justice: 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 12-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M SUBASHRIJCIT
• Assessee Lawyers: SUSHMA HARINI
• Keywords: Unexplained cash credit

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , B B ENCH, CHENNAI . . . , . , # BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI S.JAYARAMAN, ACCOUNTANT MEMBER / I.T.A. NO.627/CHNY/2019 & SP NO.69/CHNY/2019 '' /ASSESSMENT YEAR : 2013-14 SHRI DURAISAMY RAMESH 1204, R-TOWER, METRO ZONE, 44, PILLAIYAR KOIL STREET, JAWAHARLAL NEHRU ROAD, ANNA NAGAR CHENNAI-600 040. VS THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE-1(2) CHENNAI-600 034. PAN:A HWPR3524M ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS.SUSHMA HARINI, ADVOCATE /RESPONDENT BY : MS.M.SUBASHRI,JCIT /DATE OF HEARING : 15.03.2019 /DATE OF PRONOUNCEMENT : 18.03.2019 / O R D E R PER S.JAYARAMAN, AM: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-4, CHENNAI, IN ITA NO. 488/16- 17/CIT(A)-4/AY:2013-14 DATED 15.02.2019 FOR THE ASS ESSMENT YEAR 2013-14. 2. SHRI D. RAMESH, THE ASSESSEE, AN INDIVIDUAL WAS CARRYING ON THE BUSINESS IN REAL ESTATE AND PROPERTY DEVELOPMENT. W HILE MAKING THE ASSESSMENT FOR THE ASSESSMENT YEAR 2013-14, THE AS SESSING OFFICER ADDED 2,85,00,000/- AS UNEXPLAINED CASH CREDIT U/S.68. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED AN APPEA L BEFORE THE CIT(A). 2 ITANO.627/CHNY/2019 & SP NO.69/CHNY/2019 THE LD. CIT(A) POSTED THE CASE ON VARIOUS DATES, S INCE THE NOTICES WERE RETURNED UNSERVED AND THE ASSESSEE HAS NOT INTIMATED THE CHANGE OF ADDRESS, THE LD. CIT(A) DISMISSED THE APP EAL. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED THIS APPE AL. 3. ORIGINALLY, THE APPEAL WAS POSTED FOR HEARING ON 19.06.2019. MEANWHILE, THE ASSESSEE FILED A STAY PETITION. WHIL E HEARING THE STAY PETITION, THE LD. AR SUBMITTED THAT THE LD. CIT(A) DISMISSED THE APPEAL WITHOUT AFFORDING EFFECTIVE OPPORTUNITY OF BEING H EARD TO THE ASSESSEE. FURTHER, DURING THE ASSESSMENT PROCEEDINGS ALS O, THE ASSESSEE WAS NOT GIVEN ADEQUATE OPPORTUNITY TO PROVE HIS CLAIM. THEREFORE, HE PLEADED THAT AN EFFECTIVE OPPORTUNITY OF HEARING WO ULD MEET THE ENDS OF JUSTICE. PER CONTRA, THE LD. D R SUPPORTED THE ORDE RS OF THE LOWER AUTHORITIES. 4. WE HEARD THE RIVAL SUBMISSIONS. SINCE THE ISSUE IS INTIMATELY CONNECTED WITH PROVING OF THE FACTS AND CIRCUMSTA NCES CONNECTED WITH THE IMPUGNED TRANSACTIONS, WE DEEM IT FIT TO SET AS IDE THE ORDERS OF THE ASSESSING OFFICER AS WELL AS THE CIT(A) AND REST ORE THESE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR A FRESH EXAMI NATION. THE ASSESSEE SHALL LAY RELEVANT MATERIALS IN SUPPORT OF ITS C ONTENTION BEFORE THE A O 3 ITANO.627/CHNY/2019 & SP NO.69/CHNY/2019 AND COMPLY WITH THE REQUIREMENTS OF THE AO IN ACCO RDANCE WITH LAW. THE AO IS FREE TO CONDUCT APPROPRIATE ENQUIRY AS DE EMED FIT, BUT HE SHALL FURNISH ADEQUATE OPPORTUNITY TO THE ASSESSSE E ON THE MATERIAL ETC TO BE USED AGAINST IT AND DECIDE THE MATTER IN ACC ORDANCE WITH LAW. 5. SINCE THE APPEAL ITSELF IS DISPOSED OF, THE STAY PETITION BECOMES INFRUCTUOUS AND THE SAME IS DISMISSED. 6. IN THE RESULT, THE ASSESSEES APPEAL IS TREATE D AS ALLOWED FOR STATISTICAL PURPOSES AND THE STAY PETITION IS DI SMISSED. ORDER PRONOUNCED ON 18 TH MARCH, 2019 SD/- SD/- ( . . . ) ( . ) (N.R.S.GANESAN) (S.JAYARAMAN) ( ' / JUDICIAL MEMBER) ( ' / ACCOUNTANT MEMBER) /CHENNAI, % /DATED 18 TH MARCH, 2019 SOMU )* +* /COPY TO: 1. APPELLANT 2. RESPONDENT 3. , () /CIT(A) 4. , /CIT 5. * 0 /DR 6. 3 /GF