Question 1

What are the key legal issues in Income Tax Appellate Tribunal, 'B' Bench, Chennai?

Accepted Answer

1. Whether the assessment order passed by the Ld. AO is void ab initio and cannot stand any test of judicial scrutiny?

Question 2

What are the facts of Income Tax Appellate Tribunal, 'B' Bench, Chennai?

Accepted Answer

In all the above appeals for assessment years 2013-14 to 2018-19, the Revenue contested the orders of the Ld. CIT(A) whereby the order passed under section 143(3) read with section 263 was deleted by the Ld. First Appellate Authority through his common order dated 16.04.2024. The order under section 143(3) read with section 153(C) was passed on 31.12.2019 after making additions of Rs.25.47 Lakhs on account of cash deposits. The assessment was passed pursuant to a search under section 132 on 09.11.2017, upon the assesse’s father. The Ld. PCIT invoked revisionary proceedings under section 263 on the premise that investment in luxury cars was made by the assesse through the impugned cash deposits of Rs.25.47 Lakhs. The assesse challenged the revisionary proceedings before this tribunal, and consequently, the order of the Ld. PCIT dated 11.03.2021 was quashed by the Coordinate Bench of this tribunal in ITA Nos. 158/Chny/2021 to 164/Chny/2021, all dated 22.12.2022, for assessment years 2012-13 to 2018-19 respectively. The Ld. AO proceeded to pass orders under section 143(3) read with section 263 for assessment years 2013-14 to 2018-19 all dated 31.03.2022 by ignoring the assesse’s request for keeping the proceedings in abeyance on account of its appeal challenging action under section 263 pending before this tribunal. The Ld. First Appellate Authority held the view in his order dated 16.04.2024 that post the order of this Hon’ble Tribunal dated 22.12.2022, the order of the Ld. AO

Income Tax Appellate Tribunal, 'B' Bench, Chennai

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