JAY A SHAH, CHENNAI V. ACIT,NCW4(1), CHENNAI

ITA 881/CHNY/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6276 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2017-2018
• Appeal Filed On: 01-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 143(3)

Judgement Text

आयकर अपीलीय अिधकरण ’डी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, CHENNAI माननीय -ी महावीर िसंह, उपा34 एवं माननीय -ी मनोज कु मार अ9वाल ,लेखा सद< के सम4। BEFORE HON’BLE SHRI MAHAVIR SINGH, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ITA No. 881/Chny/2020 (िनधाDरणवषD / Assessment Year: 2017-18) Shri Jay A. Shah L. Nahata & Co. 120,Nyniappa Naicken Street, Park Town, Chennai – 600 003. बनाम/ V s . ACIT NCW 4(1), 121, Mahatma Gandhi Road, Chennai – 600 034. थायीलेखासं. /जीआइआरसं. /P AN / G I R N o . HF X P S - 2 6 5 9 - N (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri Lakshmichand Nahata (CA) – Ld. AR थ कीओरसे/Respondent by : Shri G. Johnson (Addl. CIT) –Ld. DR सुनवाईकीतारीख/ Date of Hearing : 23-03-2022 घोषणाकीतारीख / Date of Pronouncement : 23-03-2022 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of learned Commissioner of Income Tax (Appeals)-10, Chennai [CIT(A)] dated 14-09-2020 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 07-11-2019. One of the grounds raised in the appeal is violation of ITA No.881/Chny/2020 - 2 - principle of natural justice since impugned order has dismissed the appeal on technical grounds. The Ld. AR pleaded for another opportunity of hearing which has been opposed by Ld. Sr. DR. 2. The material facts are that the assessee was assessed u/s 143(3). The assessee deposited cash of Rs.2.41 Lacs which was added to its income u/s 68 in the absence of any satisfactory documentary evidences forthcoming from the assessee. Though the assessee preferred further appeal, however, the appeal was dismissed on the ground that only first page of the assessment order was filed alongwith Form No.35. Therefore, the appeal was held to be technically defective and not maintainable. Aggrieved, the assessee is in further appeal before us. 3. We find that the appeal has been held to be defective since the assessee did not e-file complete assessment order. However, keeping in view the fact that the assessee is a resident individual and it could not file documentary evidences during assessment proceedings, we deem it fit to grant another opportunity to the assessee to substantiate the source of cash deposit of Rs.2.41 Lacs. Since the matter is factual one, the assessment stands restored back to the file of Ld. AO for denovo assessment with a direction to the assessee to substantiate its case failing which Ld. AO shall be at liberty to proceed with the assessment on the basis of material on record. 4. The appeal stands allowed for statistical purposes. Order pronounced on 23 rd March, 2022. Sd/- (MAHAVIR SINGH) उपा34 /VICE PRESIDENT Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद< /ACCOUNTANT MEMBER चे)ई/ Chennai; िदनांक/ Dated : 23-03-2022 JPV JPVJPV JPV ITA No.881/Chny/2020 - 3 - आदेशकीXितिलिपअ9ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकरआयु (अपील)/CIT(A) 4. आयकरआयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF