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ITA No.58/Coch/2024 & SA No.7/Coch/2024

Case No: ITA No.58/Coch/2024 & SA No.7/Coch/2024
Court: Income Tax Appellate Tribunal, Cochin Bench
Date: 30 Sep 2024

Parties Involved

appellantSri.Manoj Pulimoottil Mathew
respondentThe Income Tax Officer, Ward 3, Kottayam

Facts Summary

The assessee, Sri.Manoj Pulimoottil Mathew, filed his income return on 5.08.2016. The assessment was selected for scrutiny, and the Assessing Officer added back a sum of Rs.28,69,000 as unexplained money under section 69 of the Act. The assessee filed an appeal against this order before the Commissioner of Income Tax (Appeals), who dismissed the appeal ex parte as the assessee did not respond to five hearing notices. The assessee filed an appeal before the Income Tax Appellate Tribunal, Cochin Bench, challenging the order of the Commissioner of Income Tax (Appeals). The assessee argued that he did not appear before the Commissioner of Income Tax (Appeals) because he was not served with the hearing notices on his registered email address.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the appeal should be dismissed ex parte?
  • 2. Whether the order of the Commissioner of Income Tax (Appeals) should be set aside?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

1 precedent cited in this judgement.

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