BAJRANG GUNWANRAO YELIKAR,SO GUNWANRAO YELIKAR,MAKANI THOR,NILANGA V. INCOME TAX OFFICER, PANVEL

ITA 2046/PUN/2025

AI Insights

The case involves an appeal by Bajrang Gunwanrao Yelikar against the order of the CIT(A) NFAC, Delhi, which confirmed the additions made by the Assessing Officer (AO) under section 69A of the Income-tax Act, 1961. The additions were based on unsubstantiated cash deposits and property transactions. The AO had initially issued notices under sections 148, 143(2), and 142(1) following the discovery of suspicious financial activities linked to the assessee. Despite multiple opportunities, the assessee failed to provide the required documentation, specifically the registered sale deed, during both the reassessment and appellate proceedings. The ITAT, considering the circumstances and in the interest of justice, decided to remand the case back to the CIT(A) for a thorough re-examination after allowing the assessee to present the necessary documents.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 778641 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 24-08-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJITESH MEENA
• Keywords: Reasonable cause; TDS
• Section: 148; 144; 142(1)

Judgement Text

" आयकर अपीलीय अधिकरण \"एस एम सी\" न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"SMC\" BENCH, PUNE BEFORE Dr. MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.2046/PUN/2025 धििाारण वर्ा / Assessment Year: 2015-2016 Bajrang Gunwanrao Yelikar, SO Gunwanrao Yelikar, Makani Thor, Nilanga- 413522 Maharashtra PAN-AFCPY3290F Vs ITO, Panvel Appellant Respondent Assessee by : None Revenue by : Shri Ajitesh Meena, JCIT Date of hearing : 14.10.2025 Date of pronouncement : 15.10.2025 आदेश/ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : This appeal at the instance of assessee is directed against the order of Ld. CIT(A) NFAC, Delhi u/s 250 of the Income-tax Act, 1961 dated 02.06.2025 which is arising out of order passed u/s 144 dated 28.02.2024. 2. When the case called for none appeared on behalf of the assessee and even on the last date of hearing fixed on 23.09.2025 assessee has not appeared. I therefore proceed to adjudicate this appeal with the assistance of Ld. Senior Departmental Representative (DR). Printed from counselvise.com 2 ITA No.2046/PUN/2025 3. I have heard rival contentions and perused the record placed before me. I observe that the assessee is an individual and based on certain information relating to cash deposits in saving bank account, purchase of immovable property and TDS statement for salary received u/s 192 of the Act, Ld. Assessing Officer (AO) issued a valid notice u/s 148 of the Act followed by issuance of notice u/s 143(2) and 142(1) of the Act. During the course of the re-assessment proceedings, assessee was asked to furnish registered sale deed so as to prove that the alleged cash was received against the sale of agricultural land. However the assessee failed to file any details called and Ld. AO concluded the re-assessment proceedings making additions u/s 69A of the Act at Rs. 31,55,150/-. In the appellate proceedings before Ld. CIT(A), the assessee again failed to file the registered sale deed and only uploaded copy of agreement of sale of land. In absence of proper details, Ld. CIT(A) also confirmed the addition made by Ld. AO. 4. Further considering the facts and circumstances of the case including the claim of the assessee of having sold agricultural land supported by copy of agreement of sale of land filed before Ld. CIT(A), in the interest of justice I deem it proper to afford one more opportunity to the assessee and restore the issues raised on merits in the instant appeal to the file of Ld. CIT(A) for afresh adjudication to be carried out after duly considering the details to be filed by the assessee in said appellate proceedings. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed Printed from counselvise.com 3 ITA No.2046/PUN/2025 to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes. 5. In the result appeal of the assessee is allowed for statistical purposes. Order pronounced on this 15th day of October, 2025. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे/ Pune; दििांक / Dated: 15th October, 2025. Neeta आिेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to: 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, \"SMC\" बेंच, पुणे / DR, ITAT, \"SMC\" Bench, Pune. 5. गार्ा फाइल / Guard File. आिेशािुसार / BY ORDER, / / y p o C e u r T / / Senior Private Secretary आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune Printed from counselvise.com "