MR GAJANAN UTTAMRAO MANTE, Pune V. The Principal Commissioner of Income Tax-2, Pune, Pune

ITA 130/PUN/2023

AI Insights

The case involves an appeal by Gajanan Uttamrao Mante against the order of the Pr.CIT-2, Pune, which was passed under section 263 of the Income-tax Act, 1961, for the assessment year 2017-18. The original assessment was completed under section 144, significantly increasing the declared income from Rs. 89,39,400 to Rs. 1,75,82,900. The Pr.CIT found the assessment order to be erroneous and prejudicial to the interest of the Revenue, leading to a revision order that directed the AO to make certain additions without a hearing. The Tribunal found this process to be legally flawed, leading to the setting aside of the Pr.CIT's order and remitting the matter for a fresh assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137775 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-04-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 01-02-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA. No.130/PUN/2023 नधा रण वष / Assessment Year : 2017-18 Gajanan Uttamrao Mante, Alcazer, 402, S.No.29/2, Supreme Pallacio, Dhankude Waste, Baner,Pune 411 015 Maharashtra PAN : AJXPM8258L Vs. Pr.CIT-2, Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 27-10-2021 passed by the Pr.CIT-2, Pune u/s.263 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. The appeal is time barred by 403 days. The assessee has filed an affidavit explaining the reasons. We are satisfied with the reasons so stated. The delay is, therefore, condoned and the appeal is admitted for disposal on merits. Assessee by Shri Abhay Avchat Revenue by Shri Keyur Patel Date of hearing 03-04-2023 Date of pronouncement 10-04-2023 ITA No.130/PUN/2023 Gajanan Uttamrao Mante 2 3. Briefly stated, the facts of the case are that the assessee furnished the return declaring total income at Rs.89,39,400/-. The assessment was completed u/s.144 at a total income of Rs.1,75,82,900/-. Thereafter, the ld. Pr.CIT in Para No.14 observed that “there was no application of mine by the AO. AO proceeded on premise which has no rationale or basis and further in attempting to do so also, he has not justified how he has arrived at the quantum of addition as made by him”. This in the opinion of the ld. Pr.CIT made the assessment order erroneous and prejudicial to the interest of the Revenue. During the course of revision proceedings, the assessee submitted certain evidence to substantiate the genuineness of the points on which the ld. Pr.CIT had casted doubt in reaching the conclusion that the revision was justified. The ld. Pr.CIT refused to entertain such additional evidence. Not only that, he also directed the AO to pass a fresh assessment order u/s.144 making certain additions as enlisted in para 17 of his order without granting an opportunity of hearing to the assessee. In our considered opinion, the course of action adopted by the ld. Pr.CIT is unknown to law. Under such circumstances, we are satisfied that the view point taken by the ld. ITA No.130/PUN/2023 Gajanan Uttamrao Mante 3 Pr.CIT cannot be countenanced. The impugned order is, therefore, set-aside and the matter is remitted to his file for passing a fresh order as per law after allowing reasonable opportunity of hearing to the assessee. In such fresh proceedings before the ld. Pr.CIT, the assessee will be at liberty to adduce any fresh evidence and the ld. Pr.CIT will decide the issues after considering the evidence to be filed by the assessee. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 10 th April, 2023. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 10 th April, 2023 सतीश ITA No.130/PUN/2023 Gajanan Uttamrao Mante 4 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. DR, ITAT, ‘A’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 03-04-2023 Sr.PS 2. Draft placed before author 10-04-2023 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. *