AVINASH PANDURANG PAWAR,AHEMEDNAGAR V. NFAC, DELHI, NOT AVAILABLE

ITA 2544/PUN/2024

AI Insights

The case involves Avinash Pandurang Pawar, the appellant, contesting an addition of Rs.21,12,421 made by the Assessing Officer under section 69A of the Income Tax Act, 1961, which pertained to unexplained investment in a flat for the assessment year 2018-19. The addition was initially confirmed by the National Faceless Appeal Centre, Delhi. The Tribunal noted the absence of the assessee's representation during the hearings but proceeded based on the written submissions and evidence provided. The Tribunal found merit in the assessee's arguments regarding the sources of the investment, which included a loan and sale proceeds from ancestral land, and thus decided to remand the matter back to the Assessing Officer for a thorough re-examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24763 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: MANOJ TRIPATHI
• Keywords: Opportunity of being heard; Unexplained investment

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2544/PUN/2024 Assessment Year : 2018-19 Avinash Pandurang Pawar, Waranghushi, Rajur Akole, Ahmednagar – 422003 Maharashtra PAN : BIZPP6183M Vs. NFAC, Delhi Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal at the instance of assessee pertaining the assessment year 2018-19 is directed against the order dated 12.07.2024 framed by National Faceless Appeal Centre, Delhi passed u/s.250 of the Income Tax Act, 1961 ( in short ‘the Act’) which inturn is arising out of the Assessment order dated 11.03.2023 passed u/s.147 r.w.s.144 r.w.s.144B of the Act. 2. When the case was called for, none appeared on behalf of the assessee despite due service of notice of hearing. However, assessee has filed a letter dated 12.03.2025 requesting to decide the appeal on the basis of written submissions. We therefore proceed to adjudicate the appeal with the able Appellant by : None Revenue by : Shri Manoj Tripathi (through virtual) Date of hearing : 18.03.2025 Date of pronouncement : 21.03.2025 ITA No.2544/PUN/2024 Avinash Pandurang Pawar 2 assistance from the Departmental Representative and available record. 3. The solitary issue for our consideration is that whether the ld.CIT(A) erred in confirming the addition of Rs.21,12,421/- made by the Assessing Officer u/s.69A of the Act on account of unexplained investment in flat. 4. Ld. Departmental Representative supported the orders of the lower authorities. 5. We have heard the ld. Departmental Representative and perused the record placed before us. The assessee has raised six grounds of appeal wherein Ground Nos. 1 and 4 are raised on merits of the case and Ground Nos. 2, 3 and 5 have been raised on legal issues. However, in absence of written submissions by the assessee on legal issues, Ground Nos. 2, 3 and 5 are dismissed. 6. In so far as Ground Nos. 1 and 4 raised by the assessee on merits of the case, we notice that the addition has been made by the Assessing Officer for unexplained investment u/s.69 of the Act for purchase of flat at Rs.21,12,421/-. Before AO, assessee could not plead by filing the necessary submissions resulting into best judgment assessment u/s.144 of the Act. Even before ld.CIT(A) except filing of appeal, assessee could not file any evidence in support of his case. Before us, assessee has stated that source of investment in the flat at Rs.21,12,421/- is mainly from two sources; (i) firstly from the loan received from India Shelter Finance Corporation Ltd. at Rs.13,29,421/-and (ii) sale proceeds of Rs.7,85,000/- received from sale of ancestral agricultural land in the rural ITA No.2544/PUN/2024 Avinash Pandurang Pawar 3 area. Relevant evidence has been filed in the paper book furnished on 18.02.2025 running into 145 pages. Considering the written submissions of the assessee and the documents filed in the paper book, we deem it proper to restore the issues raised on merits to the file of ld. Jurisdictional Assessing Officer for denovo adjudication which should be carried out after providing reasonable opportunity of being heard to the assessee and also to consider the evidences explaining the source of alleged investment and then decide in accordance with law. Assessee is directed to remain vigilant and not to take unnecessary adjournment unless otherwise required, failing which, the ld.JAO is free to proceed as per the law. Assessee is further directed to provide proper email id and phone number to the department for receiving notices of hearing through ITBA portal. Grounds of appeal No.1 and 4 raised by the assessee are allowed for statistical purposes. 7. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced on this 21st day of March, 2025. Sd/- Sd/- (S.S.VISWANETHRA RAVI) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 21st March, 2025. Satish ITA No.2544/PUN/2024 Avinash Pandurang Pawar 4 आदेश क\u0002 \u0003ितिलिप अ\tेिषत / Copy of the Order forwarded to : 1. अपीलाथ\f / The Appellant. 2. \r\u000eयथ\f / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय \rितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब\u0014च, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "