KRISHNAVENI,MADURAI V. .ITO, NCW-2(3), MADURAI

ITA 2318/CHNY/2024

AI Insights

The case involves M/s. Krishnaveni, the appellant, who contested an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Center, Delhi, for the assessment year 2018-19. The primary contention was the alleged failure of the lower authorities to consider the details and submissions provided by the assessee, which led to an incorrect determination of taxable income at Rs. 3,78,83,600. The Tribunal acknowledged the oversight and granted a de novo hearing to ensure justice and proper consideration of all evidences.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 46382 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2018-2019
• Other Referred Cases: TIN box 249 ITR 216
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K.N.DHANDAPANI
• Assessee Lawyers: L.SWEETY
• Keywords: Set aside; Opportunity of being heard; Corroborative evidences
• Section: 144; 250

Judgement Text

"आयकर अपीलीय अधिकरण, ‘बी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B BENCH: CHENNAI श्री एबी टी. वर्की, न्यायिर्क सदस्य एवं श्री अयिताभ शुक्ला, लेखा सदस्य क े समक्ष BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.2318 /Chny/2024 निर्ाारण वर्ा /Assessment Years: 2018-19 M/s.Krishnaveni No.18B, South Street, Singarayar Colony, Bibikulam, Madurai-625002. [PAN: CLFPK4336P] The Income Tax Officer, Non-Corpn Ward-2(3) Madurai (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee by : Ms.L.Sweety, Advocate प्रत्यर्थी की ओर से /Revenue by : Shri K.N.Dhandapani, CIT सुिवाई की तारीख/Date of Hearing : 27.11.2024 घोर्णा की तारीख /Date of Pronouncement : 23.12.2024 आदेश / O R D E R PER AMITABH SHUKLA, A.M : This appeal is filed against the order bearing DIN & Order No.ITBA/NFAC/S/250/2024-25/1067018403(1) dated 25.07.2024 of the Learned Commissioner of Income Tax [herein after “CIT(A), National Faceless Appeal Center[NFAC], Delhi, for the assessment years 2018- 19. Through the aforesaid appeal the assesse has challenged order u/s 250 dated 25.07.2024 passed by NFAC, Delhi. ITA No.2318/Chny/2024 :- 2 -: 2.0 At the outset the Ld. Counsel of the assessee submitted that it has not been given adequate opportunity of being heard in as much as the details filed by it before the Ld. AO and the Ld. CIT(A) have not been considered before making the impugned addition and determining its taxable income at Rs. 3,78,83,600/-. A request was accordingly made to set aside the case back to the Ld.AO for readjudication. 3.0 We have heard rival submissions in the light of material available on records. It is the case of the assessee that it had filed details and submissions along with evidences before the Ld.AO which have been ignored while invoking provisions of 144 of the act. The Ld. Counsel for the assessee further informed that through its Form-35 it had filed documentary evidences which got omitted to be considered by the Ld.First Appellate Authority. Reliance was placed upon Column No.12 and 12.1 of the Form-35 filed by acknowledgement No.149574270210324. Copy thereof has been placed on records. It was argued that if the impugned documents were considered there would not have been a case of impugned addition to assessee’s income. The Ld. DR placed reliance upon the order of lower authorities. ITA No.2318/Chny/2024 :- 3 -: 4.0 We have noted that inadequate submission of details and evidences, before the lower authorities, qua issues on which additions were made by the Ld. AO, lies at the core of the controversy. Before us the Ld.Counsel for the assessee filed a paper book justifying its arguments. The assessing officer is the primary authority under the income tax act to be examine facts of a case in the light of available evidences before determining correct taxable income of a tax payer. We are therefore of the view that ends of justice would be met if the assessee is given one last opportunity to present its case and file all supporting evidences before the Ld.AO. We therefore set aside the order of lower authorities on this issue and we direct the Ld. AO to readjudicate the matter de novo by examining the matter afresh in accordance with law and by passing a speaking order. Reliance in this regard is placed upon the decision of Hon’ble Apex Court in the case of TIN box 249 ITR 216. The Ld. AO shall give opportunities of being heard to the assesse and it shall be bounden upon the assesse to comply with the notices issued by the Ld. AO. Any non-compliance on the part of the assesse can be adversely viewed. Accordingly, all the grounds of appeal raised by the assesse on this issue are allowed for statistical purposes. ITA No.2318/Chny/2024 :- 4 -: 5.0 In the result, the appeal of the assesse is allowed for statistical purposes Order pronounced on 23rd , December-2024 at Chennai. Sd/- ( एबी टी. वकी) (ABY T VARKEY) न्यानयक सदस्य / Judicial Member Sd/- (अयिताभ शुक्ला) (AMITABH SHUKLA) लेखा सदस्य /Accountant Member चेन्नई/Chennai, नदिांक/Dated: 23rd , December-2024. KB/- आदेश की प्रतितिति अग्रेतिि/Copy to: 1. अिीिार्थी/Appellant 2. प्रत्यर्थी/Respondent 3. आयकर आयुक्त/CIT - Madurai 4. तिभागीय प्रतितिति/DR 5. गार्ड फाईि/GF "