MR. THIRUPATHI JAYAAM ANANDA KUMAR, CHENNAI V. ITO, CORPORATE WARD-1(5), COIMBATORE

ITA 916/CHNY/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 6454 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 16-10-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 23-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI ी वी. दुगा राव, माननीय ाियक सद एवं ी मंजूनाथा .जी, माननीय लेखा सद के सम BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER AND SHRI MANJUNATHA. G, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ITA No.916/Chny/2023 िनधा रण वष /Assessment Year: 2011-12 Shri Thirupathi Jayaram- Ananda Kumar, Flat No.203, Deccan All Season Apartment, Arunachala Devar Street, Ramanathapuram, Coimbatore-641 045. [PAN: AFIPA 0992 E] v. The Income Tax Officer, Non-Corporate Ward-1(5), Coimbatore. (अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : None यथ क ओर से /Respondent by : Shri AR.V.Sreenivasan, Addl.CIT सुनवाई क तारीख/Date of Hearing : 17.10.2023 घोषणा क तारीख /Date of Pronouncement : 17.10.2023 आदेश / O R D E R PER MANJUNATHA.G, AM: 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 15.05.2023, and pertains to assessment years 2011-12. ITA No.916/Chny/2023 Shri Thirupathi Jayaram Ananda Kumar :: 2 :: 2. The brief facts of the case are that as per the information made available with the Department, the assessee has deposited cash amounting to Rs.54,25,000/- to his bank account. It was further noticed that the assessee along with two others namely, Shri T. J. Ashok Kumar and Shri T.J.Nandakumar, sold an immovable property for a consideration of Rs.33,75,000/- on 07.06.2010. The assessee has not filed his return of income for AY 2011-12. Therefore, the assessment has been re-opened u/s.147 of the Income Tax Act, 1961 (in short “the Act") and notice u/s.148 of the Act, dated 28.02.2011 was issued and duly served on the assessee. In response to notice u/s.148 of the Act, the assessee has filed his return of income for AY 2011-12 on 23.11.2018 admitting a total income of Rs.1,47,600/-. The assessment has been completed u/s.143(3) r.w.s.147 of the Act on 28.12.2018 and determined total income of Rs.23,90,250/- after making additions towards unexplained cash deposits of Rs.22,42,650/-. The assessee has filed an appeal before the Ld.CIT(A), but neither appeared nor filed written submissions on this issue. Therefore, the Ld.CIT(A) by following certain judicial precedents dismissed the appeal filed by the assessee for non-prosecution and upheld the additions made towards cash deposits. Aggrieved by the order of the Ld.CIT(A), the assessee is in appeal before us. 3. None appeared for the assessee. We have heard the Ld.DR and perused the materials available on record and gone through orders of the authorities below. Admittedly, the Ld.CIT(A) passed an ex parte order and ITA No.916/Chny/2023 Shri Thirupathi Jayaram Ananda Kumar :: 3 :: dismissed the appeal without discussing the issue on merits. No doubt, when the assessee is not seriously pursuing their appeal with utmost honesty, there is no option for the appellate authority to dispose off the appeal, but such appeal should be disposed off on merits. In the present case, the Ld.CIT(A) dismissed the appeal filed by the assessee for non- prosecution without discussing the issues on merits. Therefore, we are of the considered view that the issue needs to go back to the file of the Ld.CIT(A) to decide the issue on merits. Thus, we set aside the order of the Ld.CIT(A) and restore the issue back to the file of the Ld.CIT(A) and direct the Ld.CIT(A) to decide the issue on merits after providing reasonable opportunity of hearing to the assessee. Needless to say, the assessee shall appear before the Ld.CIT(A) without seeking any adjournment. 4. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 17 th day of October, 2023, in Chennai. Sd/- ( वी. दुगा राव) (V. DURGA RAO) याियक सद य/JUDICIAL MEMBER Sd/- (मंजूनाथा.जी) (MANJUNATHA.G) लेखा सद य/ACCOUNTANT MEMBER चे ई/Chennai, दनांक/Dated: 17 th October, 2023. TLN आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 3. आयकर आयु /CIT 5. गाड फाईल/GF 2. यथ /Respondent 4. िवभागीय ितिनिध/DR