DILIP DEODATTA SHETE ,MUMBAI V. ITO WARD 21(1)(3), MUMBAI

ITA 3211/MUM/2025

AI Insights

The case involves an appeal by the assessee, Dilip Deodatta Shete, against the order of the ld. CIT(A) which confirmed the addition of Rs. 10,00,000 made by the AO under section 68 of the Income Tax Act, and treated 50% of the investment in a flat owned by the assessee's wife as unexplained under section 69, amounting to Rs. 26,00,000. The Tribunal found that the ld. CIT(A) had dismissed the appeal in limine without deciding on the merits, despite multiple notices issued to the assessee. The Tribunal, considering the circumstances and the affidavit provided by the assessee explaining the delay in filing the appeal, condoned the delay and remitted the matter back to the ld. CIT(A) for a fresh decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669005 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: K
• Assessment Year: 2016-2017
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: BHAGIRATH RAMAWAT; DR
• Assessee Lawyers: MILIND SASRABUDHE; AR
• Keywords: Opportunity of being heard; Corroborative evidences; Unexplained investment
• Section: 68; 69

Judgement Text

" | आयकर अपील य अ धकरण यायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “K(SMC)” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHAIL, HON’BLE JUDICIAL MEMBER I.T.A. No. 3211/Mum/2025 Assessment Year: 2016-17 Dilip Deodatta Shete H 403, Indravadan CHS Bai Padmabai Thakkar Road Kasarwadi, Mahim West Mumbai - 400016 [PAN: ACWPS6149N] Vs ITO, Ward – 21(1)(3), Mumbai अपीलाथ\u0012/ (Appellant) \u0014\u0015 यथ\u0012/ (Respondent) Assessee by : Shri Milind Sasrabudhe, A/R Revenue by : Shri Bhagirath Ramawat, Sr. D/R सुनवाई क तार ख/Date of Hearing : 23/06/2024 घोषणा क तार ख /Date of Pronouncement: 23/06/2024 आदेश/O R D E R PER NARENDRA KUMAR BILLAIYA, AM: This appeal by the assessee is preferred against the order dt. 16/05/2023 by NFAC, Delhi [hereinafter “the ld. CIT(A)”] pertaining to AY 2016-17. 2. The sum and substance of the grievance of the assessee is that the ld. CIT(A) erred in confirming the addition of Rs. 10,00,000/- made by the AO u/s 68 of the Act and further erred in treating 50% of the investment in flat owned by the wife of the assessee as unexplained investment u/s 69 of the Act amounting to Rs. 26,00,000/-. 3. Appeal is barred by limitation. The assessee has filed an affidavit explaining the reasons for the delay in filing of the appeal. We have carefully considered the contents of the affidavit and are satisfied that I.T.A. No. 3211/Mum/2024 2 the assessee was prevented by reasonable and sufficient cause for not filing the appeal on time. Therefore, the delay is condoned. 4. We have carefully perused the order of the ld. CIT(A). We find that the ld. CIT(A) has dismissed the appeal in limine after issuing four notices. 5. We are of the considered view that even if the notice went un- responded, then also the ld. CIT(A) ought to have decided the appeal on merits of the case. Before us, the ld. Counsel for the assessee assured that if given a second opportunity, he will attend the proceedings and furnish all necessary details to defend the case. On such concession, we remit the matter to the file of the ld. CIT(A). The assessee is directed to attend the proceedings and furnish all the necessary details along with the supporting evidence and the ld. CIT(A) is directed to decide the appeal afresh on considering the merits of the case and after affording a reasonable and adequate opportunity of being heard to the assessee. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the Court on 23rd June, 2025 at Mumbai. Sd/- Sd/- (SANDEEP SINGH KARHAIL) (NARENDRA KUMAR BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated 23/06/2024 *SC SrPs *SC SrPs *SC SrPs *SC SrPs I.T.A. No. 3211/Mum/2024 3 आदेश क \u0016\u0017त\u0018ल\u001aप अ े\u001aषत /Copy of the Order forwarded to : 1. अपीलाथ! / The Appellant 2. \u0016\"यथ! / The Respondent 3. संबं&धत आयकर आयु(त / Concerned Pr. CIT 4. आयकर आयु(त ) अपील ( / The CIT(A)- 5. \u001aवभागीय \u0016\u0017त\u0017न&ध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड. फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपील य अ&धकरण ITAT, Mumbai "