Mr Satish Haribhau Pawar, Ahmednagar V. Income Tax Officer, Ward-2, Ahmednagar, Ahmednagar

ITA 1327/PUN/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 9298 (ITAT-PUNE)
• Duration Of Justice: 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 31-12-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 04-12-2023
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपऩल सं. / ITA No.1327/PUN/2023 निर्धारण वषा / Assessment Year : 2012-13 Satish Haribhau Pawar, 3887/3357, Vaibhav Trading Company, Beed Road, Jamkhed, Tal. Jamkhed, Dist. Ahmednagar 413 201 PAN : ANCPP 6879 K Vs. ITO, Ward-2, Ahmednagar. Appellant Respondent आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM : This appeal preferred by the assessee emanates from the order of National Faceless Appeal Centre (NFAC), Delhi, dated 26-08-2023 for A.Y. 2012-13. 2. This appeal is time barred by about 41 days. The assessee has filed an affidavit stating the reasons which led to the late filing. We are satisfied with the stated reasons. Therefore, the delay is condoned and the instant appeal is admitted for disposal on merits. Assessee by Shri Prasad S. Bhandari Revenue by Shri M.G. Jasnani Date of hearing 01-01-2024 Date of pronouncement 01-01-2024 ITA No.1327/PUN/2023 Satish Haribhau Pawar 2 3. We have heard both the sides and gone through the relevant material on record. It is seen that the assessment order in this case was passed 144 r.w.s.147 of the Act determining total income at Rs.54.44 lakh as against Nil income returned by the assessee. The NFAC also dismissed the appeal by means of an ex parte order in the absence of the assessee. The ld. AR submitted that the assessee’s case could not be represented before the authorities because of reasons beyond his control. He thus prayed for granting another opportunity. In view of the facts obtaining in the instant case where both the assessment as well as the first appellate orders have been passed in the absence of the assessee, and considering the request made on behalf of the assessee, we are of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the AO with a direction to pass the assessment order afresh as per law after allowing a reasonable opportunity of hearing to the assessee. We order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence in support of his case in the fresh assessment. ITA No.1327/PUN/2023 Satish Haribhau Pawar 3 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in Open Court on 01 st January, 2024. Sd/- Sd/- (R.S.SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER दिन ांक Dated : 01 st January, 2024. vr/- आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant; 2. प्रत्यर्थी / The respondent 3. The CIT concerned 4. DR, ITAT, ‘B’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune