NATARAJAN MURUGAN,TUTICORIN V. ITO, WARD-1(2), TUTICORIN

ITA 1935/CHNY/2025

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The case involves an appeal by Natarajan Murugan against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning the assessment year 2017-18. The primary issue was the non-disclosure of a property sale worth ₹17,10,000 in the assessee's income tax return. The Assessing Officer had completed the assessment under sections 147, 144, and 144B of the Income Tax Act, adding the undisclosed income to the assessee's taxable income. The Tribunal noted the assessee's lack of representation and understanding of the tax laws and procedures, leading to the decision to remand the case for a fresh assessment with the assessee's active participation.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 773923 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 07-07-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SANDHYA RANI KURE
• Assessee Lawyers: R. THULASI RAM; AVOCATE; S. KUMARASUBRAMANIAN
• Keywords: Condonation of delay
• Section: 147

Judgement Text

"आयकर अपीलीय अिधकरण, ’ए’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी रȉेश नंदन सहाय, लेखा सद˟ क े समƗ Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Ratnesh Nandan Sahay, Accountant Member आयकर अपील सं./I.T.A. No.1935/Chny/2025 िनधाŊरण वषŊ/Assessment Year: 2017-18 Natarajan Murugan, 14/14/4 K.T.C. Nagar, Melur, Tuticorin S.O. Ettayapuram Road, Tuticorin 628 002. [PAN:AOGPM4428L] Vs. The Income Tax Officer, Ward 1(2), Tuticorin. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri R. Thulasiram, Avocate & Shri S. Kumarasubramanian, Advocate ŮȑथŎ की ओर से/Respondent by : Ms. Sandhya Rani Kure, JCIT सुनवाई की तारीख/ Date of hearing : 17.09.2025 घोषणा की तारीख /Date of Pronouncement : 26.09.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 04.04.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2017-18. 2. We find that this appeal is filed with a delay of 7 days. The assessee filed an affidavit for condonation of delay stating the reasons. Printed from counselvise.com I.T.A. No.1935/Chny/25 2 Upon hearing both the parties and on examination of the said affidavit, we find the reasons stated by the assessee are bonafide, which really prevented in filing the appeal in time. Thus, the delay is condoned and admitted the appeal for adjudication. 3. We note that no representation whatsoever made before the Assessing Officer as well as the ld. CIT(A), which is clear from para 2 of the assessment order and para 6.1.a. of the impugned order. 4. The ld. AR Shri R. Thulasiram, Advocate prayed to remand the matter to the file of the Assessing Officer as the assessee is ready to bring on record evidences in support of his claim before the Assessing officer. 5. The ld. DR Ms. Sandhya Rani Kure, JCIT did report any objection. 6. Having heard both the parties and on perusal of the assessment order, we note that as per information available with the Department, the Assessing Officer found that the assessee has sold immovable property for a consideration of ₹.17,10,000/-, but, however, the assessee has not disclosed the same in the return of income. Thus, the Assessing Officer completed the assessment under section 147 r.w.s. 144 r.w.s. 144B of the Act dated 16.05.2023, inter alia, making addition of ₹.17,10,000/-. On Printed from counselvise.com I.T.A. No.1935/Chny/25 3 perusal of the impugned order, we note that there was no assistance from the assessee to the hearing notices issued by the ld. CIT(A). We find the assistance of assessee is necessary in terms of addition made by the Assessing Officer. We have also noted the contention of the ld. AR that the assessee is living in remote village in Thoothukudi district and not well versed in the income tax law and online browsing, being illiterate and prayed for an opportunity. Taking into consideration of the submissions of the ld. AR and the ld. DR and in the interest of justice, we deem it proper to afford one more opportunity and remand the matter to the file of the Assessing Officer to decide the issue afresh after considering the written submissions/ documentary evidences as may be filed by the assessee to substantiate his claim. Thus, the grounds raised by the assessee are allowed for statistical purposes. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 26th September, 2025 at Chennai. Sd/- Sd/- (RATNESH NANDAN SAHAY) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 26.09.2025 Printed from counselvise.com I.T.A. No.1935/Chny/25 4 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. Printed from counselvise.com "