Sh Sandeep Kanhyalal Lathi, Jalna V. Income-Tax Officer Ward -1, Jalna

ITA 427/PUN/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0619 (ITAT-PUNE)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 27-09-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.427/PUN/2021 नधा रण वष / Assessment Year : 2009-10 Sandeep Kanhyalal Lathi, House No.27, Ramnagar Colony, Near Vitthal Mandir, Jalna 431 203 Maharashtra PAN : ADAPL5894Q Vs. ITO, Ward-1, Jalna (Appellant) (Respondent) आदेश / ORDER PER S.S. GODARA, JM : This assessee’s appeal for AY 2009-10 arises against the CIT(A)-1, Aurangabad’s order dated 11-06-2018 passed in case No. ABD/CIT(A)-1/368/2016-17 involving proceedings under section 144 r.w.s. 147 of the Income Tax Act, 1961 in short the Act. Heard both the sides. Case file perused. 2. Delay of 1114 days in filing the instant appeal is condoned in light of the assessee’s averments contained in his affidavit dated 14-03-2012; and more particularly, in light of the fact that the entire calendar year 2020 as well as 2021 upto Appellant by Smt. Deepa Khare Respondent by Shri Arvind Desai Date of hearing 27-05-2022 Date of pronouncement 31-05-2022 ITA No. 427/PUN/2021 Sandeep K. lathi 2 the date of filing, i.e. 05-10-2021 has seen outbreak of Covid- 19 pandemic. The same stands condoned. 3. Coming to the assessee’s sole substantive grievance that both the lowers authorities erred in law and on facts in treating the cash deposits made in bank account of Rs.13,96,450/- as unexplained, learned counsel’s sole substantive argument only seeks to invoke “peak” of the deposits alleged to be involving multiple withdrawals at regular intervals from time to time. That being the case, I partly reject the Revenue’s vehement arguments and restore the instant “peak” addition issue back to the Assessing Officer with a rider that it shall be the taxpayer’s risk and responsibility only to place on record all the relevant details within three effective opportunities of hearing and thereafter, the peak amount issue shall stand added as per law. Ordered accordingly. 4. This assessee’s appeal is partly allowed for statistical purposes in above terms. Order pronounced in the Open Court on 31 st May, 2022. Sd/- (S.S.GODARA) JUDICIAL MEMBER प ु णे Pune; दनांक Dated : 31 st May, 2022 Satish ITA No. 427/PUN/2021 Sandeep K. lathi 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, Aurangabad The Pr.CIT-1, Aurangabad वभागीय त न!ध, आयकर अपील"य अ!धकरण, प ु णे “SMC” / DR ‘SMC’, 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 27-05-2022 Sr.PS 2. Draft placed before author 30-05-2022 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.