Abhijit Pramod Sardesai, Ratnagiri V. Assistant Commissioner of Income-tax, Ratnagiri Circle , Ratnagiri

ITA 2936/PUN/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7502 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 24-12-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 08-12-2017
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO.2936/PUN/2017 / ASSESSMENT YEAR : 2009-10 ABHIJIT PRAMOD SARDESAI, DYS PLAZA, SHIVAJI NAGAR, MARUTI MANDIR, DIST. RATNAGIRI PAN : BCKPS0052B VS. ACIT, RATNAGIRI CIRCLE, RATNAGIRI (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSE D BY THE CIT(A)-2, KOLHAPUR ON 4-10-2017 IN RELATION TO THE ASSESSMENT YEAR 2009-10. 2. THERE IS A DELAY OF 5 DAYS IN PRESENTING THE APPEAL BEFORE THE TRIBUNAL. THE ASSESSEE HAS FILED AFFIDAVIT IN SUPPORT OF THE CONDONATION OF DELAY. I AM SATISFIED WITH SUCH REASONS. A S SUCH, THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON MERITS. APPELLANT BY SHRI PRAMOD SHINGTE RESPONDENT BY SHRI RAJESH GAWALI DATE OF HEARING 02-05-2019 DATE OF PRONOUNCEMENT 03-05-2019 ITA NO.2936/PUN/2017 ABHIJIT PRAMOD SARDESAI 2 3. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE CONFIRMATION OF ADDITION OF RS.17,13,050/- BEING CASH DEP OSITED IN BANK ACCOUNT. 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE ASSES SING OFFICER (AO) GOT INFORMATION ABOUT THE ASSESSEE HAVING DEPOSITED CASH IN HIS BANK ACCOUNT TO THE TUNE OF RS.24,41, 084/-. IN THE ABSENCE OF THE ASSESSEE PRESENTING HIS SIDE ON THE ISSUE, THE AO MADE AN ADDITION FOR THE SAID SUM. THE LD. CIT(A) ALLOWED PART RELIEF IN RESPECT OF THE SOURCES EXPLAINED BY THE ASSESSEE FOR TRANSACTIONS THROUGH CHEQUE ENTRIES. THAT IS HOW, THE ADDITION GOT RESTRICTED TO THE EXTENT OF RS.17,13,050/- REPRESENTING CASH DEPOSITS IN THE BANK ACCOUNT. THE ASSES SEE IS AGGRIEVED BY THE CONFIRMATION OF ADDITION TO THAT EXTENT. 5. I HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE RELE VANT MATERIAL ON RECORD. IT IS SEEN THAT THE ASSESSMENT ORDER W AS PASSED EX PARTE QUA THE ASSESSEE. THE LD. AR SUBMITTED THAT AN INADEQUATE OPPORTUNITY OF HEARING WAS ALLOWED AT THE ASSESSM ENT STAGE FOR ENABLING THE ASSESSEE TO FURNISH EVIDENCE IN SUP PORT OF GENUINENESS AND SOURCE OF BANK DEPOSITS. IT WAS, THEREF ORE, PRAYED THAT ONE MORE OPPORTUNITY BE GRANTED. NO SERIOUS ITA NO.2936/PUN/2017 ABHIJIT PRAMOD SARDESAI 3 OBJECTION WAS TAKEN BY THE LD. DR. IN THE GIVEN CIRCUMSTANCE S AND WITHOUT GOING INTO THE MERITS OF THE ADDITION, I SET-ASIDE THE IMPUGNED ORDER TO THIS EXTENT AND REMIT THE MATTER TO THE FILE OF AO FOR DECIDING THIS ISSUE AFRESH AS PER LAW AFTER ALLOWING A REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 03 RD MAY, 2019. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 03 RD MAY, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, KOLHAPUR 4. THE PR. CIT-2, KOLHAPUR 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.2936/PUN/2017 ABHIJIT PRAMOD SARDESAI 4 DATE 1. DRAFT DICTATED ON 02-05-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 02-05-2019 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. *