Suresh Durgaprasad Agrawal, Jalna V. Income -tax Officer, Jalna

ITA 1426/PUN/2017

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 6415 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 04-06-2017
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. / ITA No.1426/PUN/2017 नधा रण वष / Assessment Year : 2006-07 Suresh Durgaprasad Agrawal, C/o. Jay Bajarang Building, 1021-169, Shola Chowk, Sadar Bazar, Jalna – 431 203 PAN : ABWPA4063G Vs. ITO, Ward-1(3), Jalna (Appellant) (Respondent) आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order passed by the CIT(Appeals)-1, Aurangabad on 30-12-2015 in relation to the assessment year 2006-07. 2. This appeal is time barred by 450 days. The assessee has filed a condonation application with affidavit giving the reasons for the delay. I am satisfied with the same. The delay is condoned and the appeal is admitted for disposal on merits. Appellant by Shri M.K.Kulkarni Respondent by Shri Piyush Kumar Singh Yadav Date of hearing 17-03-2022 Date of pronouncement 21-03-2022 ITA No. 1426/PUN/2017 Suresh D. Agrawal 2 3. The only issue raised in this appeal is against the confirmation of addition of Rs.20,05,360/- made by the Assessing Officer on account of long term capital gain. 4. I have heard both the sides and gone through the relevant material on record. It is seen that the assessment order was passed u/s.144 r.w.s.147 of the Act. The ld. CIT(A) partly allowed the appeal of the assessee. The ld. AR contended that the assessee was not given proper opportunity of presenting his case before the AO. It was, therefore, prayed that one more opportunity be accorded to the assessee to represent his case. In view of the above factual background of the extant case, I am 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 dispose of the issue afresh on merits as per law after allowing a reasonable opportunity of hearing to the assessee. Needless to say, the assessee will be at liberty to lead any fresh evidence to support his point of view in the fresh assessment. I order accordingly. ITA No. 1426/PUN/2017 Suresh D. Agrawal 3 5. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 21 st March, 2022. Sd/- (R.S.SYAL) उपा य / VICE PRESIDENT प ु णे Pune; दनांक Dated : 21 st March, 2022 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 CIT(A)-1, Aurangabad 4. 5. The Pr.CIT-1, Aurangabad वभागीय त न ध, आयकर अपील!य अ धकरण, प ु णे “SMC” / DR ‘SMC’, ITAT, Pune; 6. गाड फाईल / Guard file. आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune ITA No. 1426/PUN/2017 Suresh D. Agrawal 4 Date 1. Draft dictated on 17-03-2022 Sr.PS 2. Draft placed before author 21-03-2022 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. *