ASHOK SHAMKANT SATPUTE,PUNE V. CIT(A), PUNE

ITA 492/PUN/2025

AI Insights

The case involves Ashok Shamkant Satpute, the appellant, who contested a penalty imposed by the Income Tax Officer, Ward 5(2), Pune, which was confirmed by the Ld. CIT(A) / NFAC. The penalty was levied following an addition of Rs.62,13,664/- to the assessee's income under 'Long term capital gains' for the assessment year 2014-15. The Tribunal noted the absence of the assessee's representation during the hearing but considered the Department's request to restore the penalty issue to the CIT(A) for a decision post the quantum appeal's outcome. The Tribunal's decision to allow the appeal for statistical purposes was based on the procedural fairness and the interconnectedness of the quantum and penalty issues.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 633074 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Other Referred Cases: ITA No.2643/PUN/2017
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P MURKUNDE
• Keywords: Capital Gains
• Section: 271(1)(c)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.492/PUN/2025 Assessment year : 2014-15 Ashok Shamkant Satpute 8, Muktangan Commercial Building, Sarang Society Road, Sahakarnagar, Pune – 411009 Vs. ITO, Ward 5(2), Pune PAN: ACGPS5972H (Appellant) (Respondent) Assessee by : None Department by : Shri Ramnath P Murkunde Date of hearing : 12-06-2025 Date of pronouncement : 13-06-2025 O R D E R PER R.K. PANDA, VP: This appeal filed by the assessee is directed against the order dated 29.09.2023 of the Ld. CIT(A) / NFAC, relating to assessment year 2014-15. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the Ld. CIT(A) / NFAC in confirming the penalty of Rs.12,58,127/- levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 3. None appeared on behalf of the assessee at the time of hearing. However, the Ld. DR filed a copy of the order of the Tribunal in ITA No.2643/PUN/2017, 2 ITA No.492/PUN/2025 for assessment year 2014-15, dated 29.04.2021 stating that the quantum appeal has been restored to the file of the Ld. CIT(A). He, accordingly submitted that he has no objection if this penalty issue also is restored to the file of the Ld. CIT(A) for deciding the issue afresh after the quantum appeal is decided. 4. A perusal of the order of the Ld. CIT(A) / NFAC shows that the present appeal was dismissed due to non-prosecution. Since the penalty has been levied on account of addition of Rs.62,13,664/- under the head ‘Long term capital gains’ and since the quantum proceedings have already been restored to the file of the Ld. CIT(A) / NFAC, therefore, considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue of penalty to the file of the Ld. CIT(A) / NFAC with a direction to re-adjudicate the issue on the basis of outcome of the quantum appeal. The grounds raised by the assessee are accordingly allowed for statistical purposes. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 13th June, 2025. Sd/- Sd/- (ASTHA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 13th June, 2025 GCVSR 3 ITA No.492/PUN/2025 आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune S.No. Details Date Initials Designation 1 Draft dictated on 12.06.2025 Sr. PS/PS 2 Draft placed before author 12.06.2025 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order "