Navanath Govindrao Jadhav, Ahmednagar V. Income-tax Officer, Ward - 1, Ahmednagar

ITA 347/PUN/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7745 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 14-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARISES OUT OF PASSED
• Keywords: Unexplained investment; Condonation of delay
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER . / ITA NO.347/PUN/18 / ASSESSMENT YEARS : 2012-13 NAVANATH GOVINDRAO JADHAV, DATTA NAGAR, PIMPALWADI ROAD, SHIRDI, TAL : RAHATA, DIST. AHMEDNAGAR PAN : AGFPJ5403K VS. ITO, WARD-1, AHMEDNAGAR (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, PUNE ON 18-07-2016 IN RELATION TO THE ASSESSMENT YEAR 2012-13. 2. THERE IS A DELAY OF 473 DAYS IN THE PRESENTATION OF APPEAL. AN AFFIDAVIT HAS BEEN FILED EXPLAINING THE REASONS F OR APPELLANT BY SHRI B.B. MANE RESPONDENT BY SHRI M.K. VERMA DATE OF HEARING 09-01-2019 DATE OF PRONOUNCEMENT 09-01-2019 ITA NO.347/PUN/2018 NAVANATH G. JADHAV 2 THE DELAY. WE ARE SATISFIED WITH SUCH REASONS. ACCORDINGLY , THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING . 3. ON MERITS, THE ASSESSEE IS AGGRIEVED BY THE COMPLETION O F ASSESSMENT U/S. 144 OF THE INCOME-TAX ACT, 1961 (HEREINA FTER ALSO CALLED `THE ACT) IN WHICH AN ADDITION OF RS.15,64,000/- WAS MADE TOWARDS UNEXPLAINED INVESTMENT IN PURCHASE OF PROPERTY, WHICH CAME TO BE SUSTAINED BY THE LD. CIT(A). 4. WE HAVE HEARD BOTH THE SIDES AND GONE THROUGH THE RELEVANT MATERIAL ON RECORD. IT IS SEEN THAT THE AO COMPLETE D THE ASSESSMENT U/S.144 OF THE ACT. THE ASSESSEE HAS GIVEN REASONS FOR HIS ABSENCE DURING THE COURSE OF ASSESSME NT PROCEEDINGS. IN FACT, THE ASSESSEES FATHER WAS SUFFER ING FROM ILLNESS AND EVENTUALLY EXPIRED, WHICH IS A REASON GIVEN BY THE ASSESSEE FOR CONDONATION OF DELAY ALSO. IN OUR CONSIDERE D OPINION, THE ENDS OF JUSTICE WOULD MEET ADEQUATELY, IF THE IMPUGNED ORDER IS SET-ASIDE AND THE MATTER IS RESTORED TO THE FILE OF AO. WE ORDER ACCORDINGLY AND DIRECT HIM TO FRAME THE ASSESSMENT AFRESH AS PER LAW AFTER ALLOWING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. ITA NO.347/PUN/2018 NAVANATH G. JADHAV 3 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 09 TH JANUARY, 2019. SD/- SD/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESID ENT PUNE; DATED : 09 TH JANUARY, 2019 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, PUNE 4. 5. THE PR.CIT-1, PUNE , , SMC / DR SMC, ITAT, PUNE; 6. % / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.347/PUN/2018 NAVANATH G. JADHAV 4 DATE 1. DRAFT DICTATED ON 09-01-2019 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 09-01-2019 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. *