Valkunde Anil Balbhim, Sangli V. Income-Tax Officer, (CBI), Kolhapur

ITA 350/PUN/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0482 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 10-03-2020
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER ITA No. 350/PUN/2020 नधा रण वष / Assessment Year : 2005-06 Valkunde Anil Balbhim, Indira Nagar, Zopadpatti, Civil Hospital Road, Sangli – 416 416 Sangli, Maharashtra PAN : AEMPV6339P Vs. ITO (CIB), Kolhapur Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee arises out of the ex parte order passed by the CIT(A)-1, Kolhapur on 09-01-2020 in relation to the assessment year 2005-06. 2. Briefly stated, the facts of the case are that, as per the AIR information, the AO found that the assessee made cash deposits in his savings bank amounting to Rs.10,02,155/-. On being called upon to prove the source of the deposits, the assessee remained unrepresented before the AO. Considering the material on record, the AO made addition for this sum as unexplained cash deposit by means of an order passed u/s.144 of the Act. The ld. CIT(A) confirmed the addition albeit u/s.69 as against 68 invoked by the Assessee by None Revenue by Shri M.G. Jasnani Date of hearing 08-06-2022 Date of pronouncement 08-06-2022 ITA No. 350/PUN/2020 Valkunde Anil Balbhim 2 AO by means of an ex parte order. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 3. We have heard the ld. DR and perused the relevant material on record. It is seen that the AO made the addition of Rs.10,02,155/- towards cash deposits made by the assessee in the bank account u/s.144 of the Act. The ld. first appellate authority also dismissed the appeal ex parte qua the assessee. The assessee is aggrieved by the impugned ex parte order and challenged the said order vide his grounds of appeal. In view of the foregoing facts, we consider it appropriate to set aside the impugned order and remit the matter to the file of the AO for reframing the assessment afresh as per law after allowing reasonable opportunity of hearing to the assessee. We order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence to support his point of view in the fresh assessment. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 08 th June, 2022. Sd/- Sd/- (S.S.VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; दनांक Dated : 08 th June, 2022 Satish ITA No. 350/PUN/2020 Valkunde Anil Balbhim 3 आदेश क त ल प अ े षत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. 4. 5. The CIT(A)-1, Kolhapur The Pr.CIT-1, Kolhapur िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “B” / DR ‘B’, ITAT, Pune 6. गाड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 08-06-2022 Sr.PS 2. Draft placed before author 08-06-2022 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. *