Sunil Bandopant Pawar, Pune V. Income-tax Officer, Ward - 12(1), Pune

ITA 116/PUN/2019

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0185 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 23-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.116/PUN/2019 निर्धारण वषा / Assessment Year : 2014-15 Sunil Bandopand Pawar Flat No.18, Nav Maharashtra Co Op Hsg. Society Ltd., Opp. Shaniwar Wada, Pune – 411030 PAN : AHIPP9314R Vs. ITO, Ward 12(1), Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2014-15 arises against the CIT(A), Pune-5, Pune‟s order dated 10-08-2018 passed in case No.PN/CIT(A)-5/I.T.O Wd-12(1), Pune/10681/2016-17, in proceedings under Section 143(3) of the Income Tax Act, 1961, in short „the Act‟. Assessee by None Revenue by Shri M.G. Jasanani Date of hearing 12-07-2022 Date of pronouncement 27-07-2022 ITA No.116/PUN/2019 Sunil B. Pawar 2 2. Case called twice. None appears at the assessee‟s behest. He is accordingly proceeded ex-parte. 3. The assessee pleads the following substantive grounds in the instant appeal: 1. That on facts and circumstances of the case and in law the learned CIT(A) has erred in not deleting the complete addition of Rs.1,04,33,025/- as made by the AO computing impugned income us 68 of the Act – - Without giving any opportunity of being heard since none of the notice is being received by client from CIT Appeal (5) - and therefore, the entire addition needs to be deleted being erroneous, improper, illegal and bad-in-law. 2. That on facts and circumstances of the case and in law the learned CIT(Appeals) has erred in sustaining the addition of Rs.1,04,33,025/- made by the AO by treating advances received as income us 68. 3. The appellant craves leave to add, amend, alter, substitute, modify the above grounds of appeal, if necessary on the basis of written submissions and personal presentation to be made at the time of hearing. 4. We notice with the able assistance coming from the Revenue side that the assessee had raised a single ground of advance tax payment of Rs.6 lacs before the CIT(A) which has been restored back to the Assessing Officer. Faced with this situation, we find no merit in the assessee‟s instant substantive grounds which had ITA No.116/PUN/2019 Sunil B. Pawar 3 not been raised in the first appellate proceedings. Rejected accordingly. 5. This assessee‟s appeal is dismissed in above terms. Order pronounced in the Open Court on 27 th July, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 27 th July, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A), Pune-5, Pune 4. 5. The Pr.CIT, Pune-4, Pune विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA No.116/PUN/2019 Sunil B. Pawar 4 Date 1. Draft dictated on 12-07-2022 Sr.PS 2. Draft placed before author 22-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.