Bhaula Balwantrao Tathe, Aurangabad V. Income Tax Officer, Ward-1(7), Pune, Pune

ITA 1325/PUN/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 4595 (ITAT-PUNE)
• Duration Of Justice: 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 04-12-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT (THROUGH VIRTUAL HEARING) आयकर अपील सं. /ITA No.1325/PUN/2023 नधा रण वष / Assessment Year : 2017-18 Bhaula Balwantrao Tathe, Plot No.14, Vidyut Colony, Begumpura, Aurangabad, Maharashtra-431 001 PAN : AAPPT7336P Vs. ITO, Ward-1(7), Aurangabad Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the ex parte order dated 09-10-2023 passed by the ld. CIT(A) in National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. The only issue raised in this appeal is against the confirmation of addition of Rs.14,42,000/- made by the Assessing Officer (AO) u/s.69A of the Act towards cash deposit in bank accounts. Assessee by None Revenue by Shri Sourabh Nayak Date of hearing 20-12-2023 Date of pronouncement 20-12-2023 ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe 2 3. Briefly stated, the facts of the case are that the assessee retired from Maharashtra State Electricity Board on 31-08-2003, where he was working as an Establishment Officer. During the demonetization period relevant to the assessment year under consideration, the assessee made certain cash deposits totaling to Rs.14,42,000/- in six accounts maintained in banks and cooperative societies. On being called upon to explain the source of deposit, the assessee submitted the same to be arising from his retirement benefits. Not convinced, the AO refused to accept the same because there was a difference of approximately thirteen years in the receipt of retirement benefits and the alleged deposits in the bank account. In the first appeal, the assessee remained absent, which led to the passing of the ex parte order. 4. I have heard the ld. DR and perused the relevant material on record. There is no appearance from the side of assessee despite notice. I am, therefore, proceeding to dispose of the appeal on merits ex parte qua the assessee. 5. Admittedly, the assessee deposited cash of Rs.14,42,000/- in his bank account in the previous year relevant to the assessment year under consideration. However, the source of the same was not properly explained. The assessee retired more than a decade ago. ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe 3 Ground of appeal states that the assessee deposited the cash out of his retirement benefits and also certain agricultural income. In view of the fact that the ld. CIT(A) has passed the ex parte order, in these peculiar facts and circumstances, I am of the considered opinion that the interest of justice would be served if the impugned order is set aside and the matter is remitted to the file of ld. CIT(A) for passing the order afresh after allowing reasonable opportunity of hearing to the assessee. I order accordingly. 6. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 20 th December, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT प ु णे Pune; दनांक Dated : 20 th December, 2023 Satish आदेश क त ल प अ े षत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The Pr.CIT concerned 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, SMC, Pune / DR, ITAT, Pune 5. गाड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe 4 Date 1. Draft dictated on 20-12-2023 Sr.PS 2. Draft placed before author 20-12-2023 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. *