MAHENDRA SHANTILAL MUTHA, Ahmednagar V. Income Tax Officer, Ward-1, Ahmednagar, Ahmednagar

ITA 42/PUN/2023

AI Insights

The case involves Mahendra Shantilal Mutha, the appellant, who contested a penalty of Rs.1,89,948 imposed by the Assessing Officer under section 270A of the Income-tax Act, 1961, for the assessment year 2018-19. The penalty was levied following a disallowance of interest amounting to Rs.18,54,437. The CIT(A) dismissed the appellant's initial appeal due to non-submission of arguments, leading to an ex parte decision. The Income Tax Appellate Tribunal (ITAT) found merit in the appellant's request for a re-hearing and thus set aside the CIT(A)'s order, remanding the case for a fresh assessment.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137223 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-03-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 10-01-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA No.42/PUN/2023 िनधा रण वष / Assessment Year: 2018-19 Mahendra Shantilal Mutha, Plot No.8, Shantinath Banglow, Burudgaon Road, Nandanvan Colony, Ahmednagar – 414 001 Maharashtra PAN : ALPPM7701G Vs. ITO, Ward-1, Ahmednagar Appellant Respondent आदेश / ORDER PER R.S.SYAL, VP : This appeal by the assessee is directed against the order dated 05-12-2022 passed by the CIT(A) in National Faceless Appeal Centre, Delhi confirming penalty of Rs.1,89,948/- imposed by the Assessing Officer (AO) u/s.270A of the Income- tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2018-19. 2. Shorn off unnecessary details, it is seen that the AO made disallowance of interest amounting to Rs.18,54,437/- and Assessee by: Shri Prasad S. Bhandari Revenue by: Shri Ramnath P. Murkunde Date of hearing 23-03-2023 Date of pronouncement 24-03-2023 ITA No.42/PUN/2023 Mahendra Shantilal Mutha 2 thereafter levied penalty u/s.270A of the Act on it amounting to Rs.1,89,948/-. The assessee’s appeal came to be dismissed for non-submission of any arguments before the ld. first appellate authority. In other words, the order came to be passed ex parte qua the assessee. 3. Having regards to the facts of the instant case and the attending circumstances, as narrated by the ld. AR, we are of the considered opinion that it would be in fitness of things if the impugned order is set-aside and the matter is restored to the file of ld. CIT(A). We order accordingly and direct him to pass the order afresh as per law after allowing reasonable opportunity of hearing to the assessee. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 24 th March, 2023 Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 24 th March, 2023 Satish ITA No.42/PUN/2023 Mahendra Shantilal Mutha 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent; 3. The Pr.CIT concerned 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे “A” / DR ‘A’, ITAT, Pune 5. गाड फाईल / Guard file आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 23-03-2023 Sr.PS 2. Draft placed before author 23-03-2023 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. *