KRISHNAN RAJINI,DHARMAPURI V. ITO, WARD-1, DHARMAPURI

ITA 2400/CHNY/2024

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The case involves Krishnan Rajini, the appellant, who did not file his income tax return for the assessment year 2017-18 as required under section 139(1) of the Income Tax Act, 1961. The Income Tax Officer, Dharmapuri, made an addition of Rs.10,26,900 to the assessee's income, noting this amount was deposited in cash during the demonetization period. The assessee's appeal to the Commissioner of Income Tax (Appeals) was dismissed due to non-appearance despite multiple notices. The Tribunal found that the principles of natural justice were not adequately followed and thus remanded the case back to the Assessing Officer for a fresh assessment with proper hearing.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 29276 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Next Hearing Date: 20-11-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 13-09-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KAVITHA; IRS
• Assessee Lawyers: S. VELPANDIAR
• Keywords: Condonation of delay; Set aside; Principle of natural justice
• Section: 142(1); 139(1)

Judgement Text

" आयकर अपीलीय अिधकरण ‘डी’’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI माननीय ŵी मनोज क ुमार अŤवाल ,लेखा सद˟ एवं माननीय ŵी मनु क ुमार िगįर, Ɋाियक सद˟ क े समƗ। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER आयकरअपील सं./ ITA No.2400/Chny/2024 (िनधाŊरणवषŊ / Assessment Year: 2017-2018) Krishnan Rajini, No.3/295, Thinnhali, Balasamudiram, Vaguthapatty, PR Patty, Dharmapuri 635 302. [PAN: ASZPR 9713Q] Vs. The Income Tax Officer, Ward 1, Dharmapuri. (अपीलाथȸ/Appellant) (Ĥ×यथȸ/Respondent) अपीलाथȸ कȧ ओर से/ Appellant by : Shri S. Velpandiar, Advocate for Shri G. Bhaskar, Advocate. Ĥ×यथȸ कȧ ओर से /Respondent by : Ms Kavitha, IRS, Addl. CIT. सुनवाई कȧ तारȣख/Date of Hearing : 20.11.2024 घोषणा कȧ तारȣख /Date of Pronouncement : 20.11.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member) This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023-24/1059529081(1) dated 09.01.2024. The assessment was framed by the Income Tax Officer, Ward 1, Dharmapuri for the assessment year 2017-18 u/s.144 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 06.12.2019. 2 ITA No.2400 /Chny/2024 2. At the outset, it is noticed that the appeal filed by the assessee is barred by limitation by 188 days. The order of CIT (A) dated 09.01.2024 was communicated to the assessee on 09.01.2024 as per Form 36. The appeal has to be filed on or before 09.03.2024 but was filed only on 13.09.2024. The assessee has filed affidavit for condonation of delay stating that he came to know about the order of the ld. CIT(A) dismissing his appeal when his Jurisdictional ld. Assessing Officer contacted him regarding the arrears. When these facts were confronted to ld.Addl. CIT-DR, she objected for condoning the delay. We find the cause as reasonable and hence, condone the delay and admit the appeal. 3. Brief facts of the case are that assessee is an individual did not file his return of income for the A.Y.2017- 18 as required u/s 139(1) of the Act. The case was selected for scrutiny under OCM cases. Notice u/s 142(1) dated 12.03.2018 was issued and served on the assessee requiring the assessee to prepare a true and correct return of income in respect of which he is assessable and to furnish the same as per the provisions of Income Tax Rules and Act, 1961. The assessee has not complied with the said notice. As the assessee has not filed the return of income as per the provisions of section 139(1) of the Act on or before 31.03.2018, penalty proceedings u/s 271F of the Income Tax Act, 1961 were initiated separately. The ld. Assessing Officer noticed that the assessee had made cash deposit of Rs.10,26,900/- into his bank accounts in Specified Bank Notes (SBNs)\" during the demonetization period (08.11.2016 to 30.12.2016) relevant to the assessment year 2017-18. Since there was no response from assessee, the ld. 3 ITA No.2400 /Chny/2024 Assessing Officer made an addition of Rs.10,26,900/- and completed the assessment. 4. Aggrieved assessee preferred an appeal before the ld.CIT(A), who dismissed the appeal of assessee on merits, although assessee failed to appear before the ld.CIT(A) despite four notices. Assessee is in further appeal before us. 5. Before us, ld. Counsel for the appellant submitted that the ld. AO as well as the ld. CIT(A) had not properly followed the principles of natural justice in true spirit. Ld. Counsel for the appellant further prayed that if an adequate opportunity of hearing is given before ld.AO, assessee will prosecute the case in assessment proceedings properly. Per contra, the ld.Addl. CIT-DR relied upon the orders of the lower authorities and prayed for dismissal of appeal. 6. We have gone through the orders of lower authorities and submissions addressed by both parties before us. We are of the considered view that in the interest of justice assessee should be given one more opportunity before the Assessing Officer to prosecute his case. Therefore, in the light of aforesaid factual position we deem it fit to set aside this appeal to the file of Assessing Officer for denovo assessment. The Assessing Officer who shall proceed for denovo assessment after providing proper opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith without any fail, failing which Assessing Officer shall be at liberty to proceed with the assessment as per law. 4 ITA No.2400 /Chny/2024 7. In the result, appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the open court on 20th day of November, 2024 at Chennai. Sd/- Sd/- (मनोज क ुमार अŤवाल) (मनु क ुमार िगįर) (MANOJ KUMAR AGGARWAL) लेखा सद˟ / ACCOUNTANT MEMBER (MANU KUMAR GIRI) Ɋाियक सद˟ / JUDICIAL MEMBER चेɄई Chennai: िदनांक Dated : 20-11-2024 KV आदेश कȧ ĤǓतͧलͪप अĒेͪषत /Copy to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT, Chennai /Coimbatore /Madurai/Salem. 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF "