Sankarligam Radhakrishnan, Tamilnadu V. ITO WARD - 10(2), New Delhi

ITA 9838/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8398 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Assessment Year: 2011-2012
• Appeal Filed On: 26-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC-1 : NEW DELHI (Through Virtual Hearing) BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA No.9838/Del/2019 Assessment Year: 2011-12 Sankarligam Radhakrishnan, No.5&6, 4 th Street, Velmurugan Nagar, Kothar, Chennai. PAN: AGFPK0598N Vs. ITO, Ward-10(2), New Delhi. (Appellant) (Respondent) Assessee by : None Revenue by : Shri Om Prakash, Sr.DR Date of Hearing : 03.11.2021 Date of Pronouncement : 16.11.2021 ORDER This appeal filed by the assessee is directed against the ex parte order dated 28 th October, 2019 of the CIT(A)-4, New Delhi, relating to Assessment Year 2011-12. 2. None appeared on behalf of the assessee despite service of notice. Since this is an ex parte order passed by the CIT(A), therefore, this appeal is being decided on the basis of material available on record and after hearing the ld. DR. ITA No.9838/Del/2019 2 3. Although a number of grounds have been raised by the assessee, these all relate to the ex parte order of the CIT(A) in confirming the various additions made by the AO in the order passed u/s 143(3)/147 dated 28 th December, 2018. 4. Facts of the case, in brief, are that the assessee is an individual and has not filed his return of income for the impugned assessment year. As per the information received from Non-filer Monitory System (NMS) that the assessee has carried out certain transactions during the year through the stock exchange with the volume of the transactions aggregating to Rs.5,23,000/- and also had made a time deposit of Rs.10,00,000/- and has received bank interest amounting to Rs.1,31,422/-, the AO, after recording reasons as per the provisions of section 147 of the Act issued notice u/s 148 of the Act on 29 th March, 2018. In response to the said notice, the assessee filed his return of income on 08.11.2018 declaring the total income at Rs.2,02,760/-. After considering the various submissions made by the assessee from time to time, the AO completed the assessment u/s 143(3)/147, determining the total income of the assessee at Rs.13,34,185/- by making various additions including short-term capital gain, long-term capital gain, unexplained income on account of time deposit, interest income, etc. Since the assessee did not appear before the CIT(A) despite three opportunities granted, the ld. CIT(A), in the ex parte order passed by him, dismissed the appeal filed by the assessee by sustaining the various additions made by the AO. ITA No.9838/Del/2019 3 5. Aggrieved by the order of the ld.CIT(A), the assessee is in appeal before the Tribunal. 6. I have heard the ld. DR and perused the record. It is an admitted fact that despite number of opportunities granted by the CIT(A), the assessee did not appear before him for which the ld.CIT(A), in the ex parte order passed by him, sustained the various additions made by the AO. It is the submission of the assessee in the grounds of appeal that an amount of Rs.10 lakh was made as time deposit out of receipt of Rs.10,18,171/- received by the assessee from his employer M/s Mangalam Ventures Ltd. which is towards PF settlement and the money was transferred to his bank account by NEFT. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the issue to the file of the CIT(A) with a direction to grant one final opportunity to the assessee to substantiate his case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the CIT(A) and substantiate his case without seeking any adjournment under any pretext, failing which, the CIT(A) is at liberty to pass appropriate order as per law. I hold and direct accordingly. The grounds raised by the assessee is allowed for statistical purposes. ITA No.9838/Del/2019 4 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. The order was pronounced in the open court on 16.11.2021. Sd/- (R.K. PANDA) ACCOUNTANT MEMBER Dated: 16 th November, 2021. dk Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi