Raman Mayavan Vs ITO (ITAT Chennai)
Confirmations Filed but Not Considered—ITAT Chennai Remands ₹2.19 Cr 68 Addition- Assessment Concluded Before Assessee Could Furnish Proof— Rule 46A Evidence Ignored by CIT(A)—Fresh Opportunity Ordered
Chennai Tribunal considered additions u/s 68 aggregating to ₹3,02,65,000 relating to unsecured loan of ₹83,00,000 & advances/creditors of ₹2,19,65,000. Assessee had sought two days’ time during assessment to furnish remaining confirmations, but AO concluded the assessment on 19.12.2018 before such details could be filed.
Additional evidences were later filed before CIT(A) under Rule 46A, but CIT(A) dismissed the appeal holding that nothing new was produced.
Tribunal noted that AO himself admitted non-receipt of confirmations at the time of assessment & that the additional evidences now filed were relevant & required verification. Tribunal also noted that CIT(A) had already remanded part of the matter relating to ₹83,00,000. Holding that principles of natural justice demanded an opportunity to substantiate the ₹2,19,65,000 creditors, Tribunal remanded the entire issue to AO for verification. Appeal allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT CHENNAI
This appeal filed by the assessee is directed against the order dated 10.07.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2016-17.
