CHANDRAKANT KRISHNA PAWAR,SANGLI V. ITO WARD 4, SANGLI

ITA 583/PUN/2025

AI Insights

The case involves Chandrakant Krishna Pawar, who appealed against the order of the CIT(A) for the assessment year 2017-18. The appeal was initially delayed by 215 days, but the Tribunal accepted the reasons for the delay and proceeded with the case. The primary issue arose from the assessee's failure to provide explanations for cash deposits made during the demonetization period, which led to an assessment of unexplained money and business income. The CIT(A) had dismissed the appeal due to the absence of the assessee, leading to an ex-parte order. The Tribunal, considering the circumstances, remanded the case back to the CIT(A) for a fresh hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 779324 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 03-03-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P. MURKUNDE
• Assessee Lawyers: DEEPA KHARE
• Keywords: Business income
• Section: 144; 142(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.583/PUN/2025 िनधाᭅरण वषᭅ / Assessment Year : 2017-18 Chandrakant Krishna Pawar, 2nd Floor, Pawar Building, Sangliwadi, Tal. Miraj- 416416. PAN : AAYPP1161H Vs. ITO, Ward-4, Sangli. Appellant Respondent आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 17.05.2024 passed by Ld. Addl./JCIT(A)-7, Kolkata [‘Ld.CIT(A)’] for the assessment year 2017-18. 2. There is delay of 215 days in filing of the present appeal. We are satisfied with the reasons mentioned in the affidavit for condonation that the applicant was prevented by sufficient cause for not filing the appeal within the prescribed time limit. After hearing Ld. DR, we condone the delay of 215 days and proceed to adjudicate the appeal. Assessee by : Smt. Deepa Khare Revenue by : Shri Ramnath P. Murkunde Date of hearing : 25.09.2025 Date of pronouncement : 13.10.2025 Printed from counselvise.com ITA No.583/PUN/2025 2 3. Facts of the case, in brief, are that the assessee is an individual. On the basis of information available in AIMS module it was found that during demonetization period the assessee has deposited cash in his bank account maintained with Bank of Maharashtra and has not furnished his return of income. Therefore, the case was selected for scrutiny and statutory notices u/s 142(1) of the IT Act were issued. The assessee furnished certain information with regard to bank account which pertains to partnership firm. The Assessing Officer issued final show-cause notice to the assessee to explain the details of deposit of Rs.4,22,000/- and also asked to show-cause as to why the amount of Rs.7,82,058/- should not be treated as his business income for the period under consideration. The assessee did not comply to the above show-cause notice. Since no reply was furnished by the assessee the Assessing Officer completed the assessment u/s 144 of the IT Act by determining the total income at Rs.12,34,660/-. The above assessed income includes an amount of Rs.4,22,600/- as unexplained money u/s 69A of the IT Act and an amount of Rs.7,82,058/- added as business income received in the shape of interest on capital and remuneration from the partnership firm and Rs.30,000/- towards business income. 4. Since the assessee remained absent, Ld. CIT(A) dismissed the appeal filed by the assessee. Printed from counselvise.com ITA No.583/PUN/2025 3 5. It is this above order against which the assessee is in appeal before this Tribunal. 6. Ld. AR appearing from side of the assessee submitted before us that the order passed by Ld. CIT(A) is unjustified. Ld. AR submitted that the notices of hearing issued by Ld. CIT(A) were not received by the assessee which resulted in ex-parte order by Ld. CIT(A). Ld. AR further submitted that each and every details regarding deposit in his bank account is available with him and if one opportunity is provided to the assessee, he is in a position to substantiate the grounds of appeal before Ld. CIT(A). 7. Ld. DR appearing from side of the Revenue relied on the orders passed by the subordinate authorities and requested to confirm the same. 8. We have heard Ld. Counsels from both the sides and perused the material available on record. It is the sole request of the assessee to set-aside the impugned order passed by Ld. CIT(A) and to provide one more opportunity of hearing so that he can produce documents/evidences in support of its contentions. Considering the totality of the facts of the case and in the interest of justice, and without going into merits of the case we deem it appropriate to set-aside the order passed by Ld. CIT(A) and remand the matter back to his file with a direction to decide the appeal afresh as per Printed from counselvise.com ITA No.583/PUN/2025 4 fact and law and after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by Ld. CIT(A) in this regard and produce relevant documents/evidences in support of its contentions without taking any adjournment under any pretext, otherwise Ld. CIT(A) shall be at liberty to pass appropriate order as per law. Thus, the grounds raised by the assessee are allowed for statistical purposes. 9. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 13th day of October, 2025. Sd/- Sd/- (MANISH BORAD) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 13th October, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Addl./JCIT(A)-7, Kolkata. 4. The Pr.CIT/CIT concerned. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "