Ratnakar Dagdu Shinde, Aurangabad V. Income-tax Officer, Ward - 2(5), Aurangabad

ITA 412/PUN/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7741 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 20-06-2018
• Assessment Year: 2008-2009
• Appeal Filed On: 01-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N DOSHI
• Section: 148; 144

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC , PUNE . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIK AS AWASTHY, JM . / ITA NO. 412 /PUN/ 201 8 / ASSESSMENT YEAR : 20 08 - 09 SHRI RATNAKAR DAGDU SHINDE, AT POST WALADGAON, AURANGABAD PAN: CTBPS5962H . / APPELLANT VS. ITO , WARD 2(5) , AURANGABAD . / R ESPONDENT ASSESSEE BY : SHRI S.N. DOSHI REVENUE BY : SHRI ACHAL SHARMA / DATE OF HEARING : 20 .0 6 . 2018 / DATE OF PRONOUNCEMENT: 2 7 . 0 6 .2018 / ORDER PER D. KARUNAKARA RAO , AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 1 , AURANGABAD , DATED 29 . 12 .201 7 FOR THE ASSESSMENT YEAR 20 08 - 09 . 2. BRIEFLY STATED RELEVANT FACTS ARE THAT THE ASSESSING OFFICER I S IN POSSESSION OF INFORMATION THAT THE ASSE SSEE DEPOSITED CASH OF RS.17.5 LAKHS IN HIS SAVING BANK ACCOUNT. HOWEVER, THE ASSESSEE DID NOT FILE ANY RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION . NOTICE UNDER SECTION 148 OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS ISSUED TO THE ASSESSE E. IN RESPONSE THERETO, THE ASSESSEE FILED HIS RETURN OF INCOME ON 04.01.2016 DECLARING NIL INCOME AND AGRICULTURAL INCOME OF ITA NO. 412 /PUN/201 8 RATNAKAR D SHINDE 2 RS.2,62, 5 00/ - . THEREAFTER, NOTICE S UNDER SECTION 142(1), 143(2) OF THE ACT W ERE ISSUED TO THE ASSESSEE AND , IN RESPONSE THERETO, THE ASSESSEE FILED COPY OF 7/12 EXTRACT OF THE LANDS, WHICH ARE THE SOURCE OF AGRICULTURAL INCOME . THE ASSESSEE WAS FURTHER ASKED TO FURNISH DETAILS AS PER QUESTIONNAIRE. CONSIDERING THE NON - ATTENDANCE OF ASSESSEE, THE ASSESSING OFFICER COMPLETED ASSESS MENT UNDER SECTION 144 R.W.S. 147 OF THE ACT AND TREATED THE AMOUNT DEPOSITED OF RS.17,50,000/ - AS UNEXPLAINED INCOME . 3. THE CIT(A) CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 4. BEFORE US, THE LEARNED COUNSEL FOR ASSESSEE SUBMITTED THAT SOLITARY ISS UE RAISED IN THE PRESENT APPEAL RELATES TO THE SOURCES OF THE CASH DEPOSITS IN THE BANK ACCOUNT OF ASSESSEE AMOUNTING TO RS.17.5 LAKHS. THE LEARNED COUNSEL FOR ASSESSEE SUBMITTED THE SAID CASH DEPOSITS HAS GENESIS IN THE AGRICULTURAL INCOME AND THEREFORE, THE ADDITION SHOULD NOT HAVE BEEN MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT PROCEEDINGS UNDER SECTION 144 R.W.S. 147 OF THE ACT. RESPONDING TO THE QUERY FROM THE BENCH ABOUT NON - ATTENDANCE BEFORE THE ASSESSING OFFICER, THE LEARNED COUNSEL FOR ASSES SEE SUBMITTED THAT AN OPPORTUNITY MAY BE GRANTED FOR EXPLAINING THE ISSUE TO THE ASSESSING OFFICER. REFERRING TO THE DISMISSAL OF APPEAL BY THE CIT(A) FIRST APPELLATE AUTHORITY, THE LEARNED COUNSEL FOR ASSESSEE DEMONSTRATED THE CIT(A) FAILED TO CALL FOR REMAND REPORT ON THE EVIDENCES AVAILABLE BEFORE HIM ON THE ISSUE RELATING TO THE ADDITION OF RS.17.5 LAKHS. ITA NO. 412 /PUN/201 8 RATNAKAR D SHINDE 3 5. ON THE OTHER HAND, THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE RELIED HEAVILY ON THE ORDERS OF ASSESSING OFFICER AND CIT(A). THE L EARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE HIGHLIGHTED THE FACTS RELATING TO THE NON - COOPERATION OF THE ASSESSEE BEFORE THE ASSESSING OFFICER DURING THE ASSESSMENT PROCEEDINGS. 6. ON HEARING BOTH THE PARTIES ON THE LIMITED ISSUE OF CORRECTNESS OR SUSTAINABILITY OF ADDITION OF RS.17.5 LAKHS AS WELL AS REQUEST FOR REMANDING THE ISSUE TO THE FILE OF ASSESSING OFFICER FOR RE - EXAMINATION AFTER CONSIDERING THE AGRICULTURAL INCOME - CENTRIC EXPLANATION OF THE ASSESSEE . O N CONSIDERING THE SAME, WE FIND IT I S UNDISPUTED FACT THAT THE ASSESSMENT WAS MADE UNDER SECTION 144 R.W.S. 147 OF THE ACT WITH A MINIMUM NUMBER OF TWO HEARINGS / OPPORTUNITIES GRANTED TO THE ASSESSEE. HOWEVER, IT IS UNDISPUTED FACT THAT THERE IS CASH DEPOSIT OF RS.17.5 LAKHS IN THE YEAR UN DER CONSIDERATION. THERE IS ABSOLUTELY NO EXPLANATION FROM THE ASSESSEE DURING THE RE - ASSESSMENT PROCEEDINGS, WHICH HAD TO BE FINALIZED EX - PARTE . DURING THE COURSE OF FIRST APPELLATE PROCEEDINGS ALSO, THERE IS HARDLY ANY EXPLANATION EXCEPT THAT THE SAID CASH DEPOSITS ARE MADE OUT OF AGRICULTURAL INCOME SUCH AS OUT OF SALE PROCEEDS OF SUGARCANE, COTTON, BAJRA AND OTHER CROPS. IT IS NOTICED THAT THE CIT(A) DID NOT CALL FOR ANY REMAND REPORT FROM THE ASSESSING OFFICER ON THE COPIES OF 7/12 EXTRACT FILED BEF ORE HIM. 7. IN ALL FAIRNESS AND IT IS IN THE INTEREST OF JUSTICE THAT IT IS REASONABLE TO REMAND THE ISSUE RAISED IN THE GROUNDS TO THE FILE OF ASSESSING OFFICER FOR FRESH ADJUDICATION . G RANTING ADEQUATE OPPORTUNITY OF HEAR D TO THE ASSESSEE IN ACCORDAN CE WITH THE PRINCIPLES OF NATURAL ITA NO. 412 /PUN/201 8 RATNAKAR D SHINDE 4 JUSTICE IS THE REQUIREMENT OF THE LAW . THE ASSESSING OFFICER IS DIRECTED TO ATTEND TO ALL THE ARGUMENTS AND ISSUES RAISED IN THE GROUNDS AND ADJUDICATE THE SAME BY PASSING SPEAKING ORDER, WHICH IS REQUIREMENT OF ANY JUDIC IAL ORDER. ACCORDINGLY, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 8 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 27 TH D AY OF JUNE , 2018. SD/ - SD/ - ( VIKAS AWASTHY ) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE ; DATED : 27 TH JUNE , 2018 GCVSR / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE 1. / THE A PPELLANT 2. / THE RESPONDENT 3. THE CIT(A ) - 1 , AURANGABAD 4. THE PR CIT - 2 , AURANGABAD 5. , , SMC PUNE; 6. / GUARD FILE .