Prakash Sudhakarrao Takalkar, Jalna V. Income Tax Officer, Ward-1, Jalna

ITA 203/PUN/2023

AI Insights

The case involves Prakash Sudhakarrao Takalkar, the appellant, who did not file a regular return of income for the assessment year 2011-12. The Income Tax Officer (ITO) issued a notice under section 148 of the Income Tax Act, 1961, which was served but not responded to by the appellant. Consequently, the ITO assessed the cash deposits in the appellant's bank account under sections 144 and 147 of the Act. The appellant's subsequent appeal to the CIT(A) was transferred to the NFAC, which also confirmed the additions after the appellant failed to comply with multiple notices. The appellant contested the NFAC's decision at the ITAT, arguing that his written submissions and additional evidence were overlooked. The ITAT, agreeing with the appellant, remanded the case back to the NFAC for a fresh evaluation.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137623 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2023
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Next Hearing Date: 22-03-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 15-02-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 147; 148; 144; 142(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.203/PUN/2023 िनधाᭅरण वषᭅ / Assessment Year : 2011-12 Prakash Sudhakarrao Takalkar, Near Datt Mandir, 1-9-63, Ganpatti Galli, Old Jalna, Jalna- 431203. PAN : AIWPT4719M Vs. ITO, Ward-1, Jalna. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 15.12.2022 for the assessment year 2011-12. 2. Briefly, the facts of the case are that the appellant is an individual deriving income under head “Income from other sources”. No regular Return of Income was filed by the appellant. Subsequently, the Assessing Officer issued a notice u/s 148 of the Income Tax Act, 1961 (‘the Act’) dated 22.02.2018 which was duly served on the assessee and no return of income was filed in response Assessee by : Shri Girish Ladda Revenue by : Shri Suhas Kulkarni Date of hearing : 23.03.2023 Date of pronouncement : 23.03.2023 ITA No.203/PUN/2023 2 to the said notice. The appellant had also not complied with the notices issued u/s 142(1) of the Act. In the circumstances, the Assessing Officer brought to tax the cash deposits made in the bank account maintained with the Bank of India and accordingly, completed the assessment u/s 144 r.w.s. 147 of the Act. 3. Being aggrieved by the above assessment order, an appeal was filed before the ld. CIT(A). Subsequently, the appeal was migrated to NFAC in terms of the notification issued by the CBDT. The NFAC had issued notices on various dates i.e. 18.07.2019, 24.10.2019, 05.03.2020 and 02.11.2022. However, for the reason best known to the appellant, the appellant had not complied with such notices of hearing despite several opportunities granted to him. In the circumstances, the NFAC had confirmed the addition. 4. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 5. It is submitted that when the appeal was pending disposal before the CIT(A), the appellant had filed written submissions as well as certain additional evidence. However, the NFAC without considering the written submissions as well as the additional evidence filed before him, had passed the impugned order. Therefore, it is prayed that the appeal may be set-aside to the file of the NFAC for de novo consideration of the issue in appeal. ITA No.203/PUN/2023 3 6. On the other hand, ld. Sr. DR has no serious objection to remand the matter to the file of the NFAC. 7. Having heard rival submissions, I am of the considered opinion that in the interests of justice, the matter requires remission to the file NFAC as it has ignored the material on record in support of explaining the source for cash deposits made. Accordingly, the matter is set-aside to the file of the NFAC to be disposed of in accordance with law. 8. In the result, the appeal filed by the assessee stands partly allowed for statistical purposes. Order pronounced on this 23 rd day of March, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 23 rd March, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “SMC” बᱶच, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.