ASHISH CHANDRAKANT SASTE,PUNE V. ITO WARD 8(3), PUNE

ITA 1580/PUN/2024

AI Insights

The case involves Ashish Chandrakant Saste, the appellant, contesting an order from the NFAC, Delhi, which affirmed an unexplained money addition of Rs. 199,22,890 under Section 69A of the Income Tax Act, 1961. The lower appellate authority had passed the order ex-parte due to the continuous non-appearance of the assessee. The Income Tax Appellate Tribunal (ITAT) found that the CIT(A) / NFAC did not adequately address the points of determination nor provide a detailed adjudication as required under Section 250(6) of the Act. Consequently, the ITAT decided to remand the case back to the CIT(A) / NFAC for a comprehensive hearing.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 474191 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 14-10-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 02-08-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P MURKUNDE
• Assessee Lawyers: PRATIK SANDBHOR
• Section: 250; 69A

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R.K. PANDA, VICE PRESIDENT AND SHRI S.S. GODARA, JUDICIAL MEMBER ITA No.1580/PUN/2024 निर्धारण वषा / Assessment Year : 2017-18 Ashish Chandrakant Saste Dhanlaxmi Nivas, Shivaji Wadi, A/p Moshi, Haveli, Pune – 412105 PAN : BPRRS3036P Vs. ITO, Ward 8(3), Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2017-18 arises against the NFAC, Delhi‟s order dated 04-06-2024 passed in case No. ITBA/NFAC/S/250/2024-25/1065377048(1) in proceedings under Section 250 of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. Assessee by Shri Pratik Sandbhor Revenue by Shri Ramnath P Murkunde Date of hearing 14-10-2024 Date of pronouncement 15-10-2024 ITA No.1580/PUN/2024 Ashish Chandrakant Saste 2 2. It emerges at the outset with the able assistance coming from both the parties that the learned CIT(A) / NFAC has passed this lower appellate order under challenge; ex-parte, after noticing the assessee‟s continuous non-appearance in para 4 page 5 therein, thereby affirming the AO's action making section 69A unexplained money addition of Rs.199,22,890/- in his assessment dated 29.03.2022. 3. Ld. AR vehemently argues that the lower appellate authority has not rightly confirmed the Assessing Officer's action in the foregoing terms. 4. Ld. DR would hardly dispute that the impugned lower appellate authority‟s discussion has neither framed its points of determination nor is there any detailed adjudication thereupon as contemplated u/s 250(6) of the Act. And also that although it prima facie appears para 7 of the CIT(A) / NFAC has treated the instant assessment proceedings as penalty as well. Be that as it may, we deem it appropriate in these peculiar facts and circumstances that larger interest would be met in case the assessee ITA No.1580/PUN/2024 Ashish Chandrakant Saste 3 is afforded one more opportunity of hearing before the CIT(A) / NFAC. We order accordingly subject to rider that it shall be the assessee‟s risk and responsibility only to plead and prove all the relevant facts in consequential proceedings within three effective opportunities of hearing. Ordered accordingly. 5. This assessee‟s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 15th October, 2024. Sd/- Sd/- (R.K. PANDA) (S.S. GODARA) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; ददिधांक Dated : 15th October, 2024 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The concerned Pr.CIT(A), Pune 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “A” / DR „A‟, ITAT, Pune 5. गार्ड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA No.1580/PUN/2024 Ashish Chandrakant Saste 4 Date 1. Draft dictated on 14-10-2024 Sr.PS 2. Draft placed before author 15-10-2024 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. "