K 2078 AKKARAI SENGAPPALLI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY,AKKARAI SENGAPPALLI V. ASSESSING OFFICER, COIMBATORE

ITA 2162/CHNY/2025

AI Insights

The case involves the Akkarai Sengappalli Primary Agricultural Cooperative Credit Society, which appealed against the order of the CIT(A) dismissing their appeal due to non-response. The Tribunal noted that the initial assessment was made ex-parte under section 144 of the Income Tax Act, and the CIT(A) did not provide a proper opportunity for the assessee to represent their case. The Tribunal emphasized the principles of natural justice and decided to set aside the CIT(A)'s order, restoring the case to the AO for a fresh assessment, provided the assessee complies with the stipulated conditions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785374 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2018-2019
• Appeal Filed On: 04-08-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRYATI SHARMA
• Assessee Lawyers: B.JAGDEESH SENGODAPPA; C.A
• Keywords: Set aside; Principle of natural justice

Judgement Text

" आयकर अपीलीय अधिकरण’ ‘ए’ न्यायपीठ चेन्नई में। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय श्री मनु क ुमार गिरि, न्यागयक सदस्य एवं माननीय श्री जगदीश, लेखा सदस्य क े समक्ष। BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI JAGADISH, ACCOUNTANT MEMBER आयकरअपील सं./ ITA No.2162/Chny/2025 (धििाारणवर्ा / Assessment Year: 2018-19) K 2078 Akkarai Sengappalli Primary Agricultural Cooperative Credit Society, Akkarai Sengappalli PO, Sirumugai Via, Coimbatore, Tamil Nadu-641 302. [PAN:AABAK0992K] Vs. Income Tax Officer CHE-W-(62)(92), Chennai. (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant by : Mr.B.Jagdeesh Sengodappa, C.A प्रत्यर्थी की ओर से /Respondent by : Ms.Pryati Sharma, JCIT. सुनवाई की तारीख/Date of Hearing : 27.10.2025 घोषणा की तारीख /Date of Pronouncement : 28.10.2025 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member) This appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi [‘CIT(A)’ in short] dated 01.08.2024 for Assessment Year 2018-19. 2. At the outset, the Ld.AR of the assessee brought to our notice that the appeal has been filed belatedly by ‘269’ days and assessee has filed an affidavit explaining the cause for the delay. Having gone through the contents of the Printed from counselvise.com ITA No.2162/Chny/2025 (AY-2018-19) K 2078 Akkarai Sengappalli Primary Agricultural Cooperative Credit Society Page 2 of 3 same, we find that cause for delay was reasonable, so we excuse the same and proceed to hear the assessee’s appeal on merits. 3. Brief facts of the case are that the assessee instituted appeal before the ld.CIT(A) against the income assessed u/s.144 of the Act. However, the ld. CIT(A) dismissed the appeal of the assessee as there was no response from the assessee. 4. Aggrieved, assessee is in appeal before us. 5. Before the ld. AR for assessee submitted that the ld. CIT(A) has not properly provided opportunity to represent the appeal. He also prayed that the matter may be set aside to AO for de novo assessment as the assessment is ex-parte u/s144 of the Act. The ld.DR relied upon the order of the ld.CIT(A) and pleaded for the dismissal of the appeal. 6. Though we some extent concur with the submissions of Ld.DR Ms. Prayati Sharma, JCIT however, keeping in mind the principles of natural justice and ex- parte orders before the AO and CIT(A), the impugned order is set aside and the appeal is restored back to the file of Ld. AO for de novo assessment subject to cost of Rs.5,000/- which shall be deposited by the assessee within ‘30’ days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same will be furnished by the Assessee before Ld.AO whose shall proceed with the assessment on merits after affording proper opportunity of hearing to the assessee. The assessee is directed to substantiate its case with all evidence, confirmations and documents, if any, forthwith without any fail, failing which Printed from counselvise.com ITA No.2162/Chny/2025 (AY-2018-19) K 2078 Akkarai Sengappalli Primary Agricultural Cooperative Credit Society Page 3 of 3 ld.AO shall be at liberty to proceed with the de novo assessment proceedings on merits as per law. In case of failure, the leniency shall not be granted to the assessee. The ld.AR also assures us that the assessee will co-operate in the denovo assessment proceedings diligently. 7. In the result, appeal filed by the assessee is allowed for statistical purpose. Order pronounced on the 28th , day of October, 2025, in Chennai. Sd/- Sd/- (जगदीश) (JAGADISH) लेखा सदस्य / ACCOUNTANT MEMBER (मनु क ुमार गिरि) (MANU KUMAR GIRI) न्यागयक सदस्य / JUDICIAL MEMBER चेन्नई Chennai: दिन ांक Dated : 28-10-2025 KB आदेश की प्रततललपप अग्रेपषत /Copy to : 1. अपील र्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकरआयुक्त/CIT, Chennai/Coimbatore/Madurai/Salem. 4. दिभ गीयप्रदिदनदि/DR 5. ग र्डफ ईल/GF Printed from counselvise.com "