Parshuram Shankarrao Rabhare , Hupari V. Assistatn Commissioner of Income Tax, Central Circle- Kolhapur, Kolhapur

ITA 464/PUN/2023

AI Insights

The case involves Parshuram Shankarrao Ranbhare, the appellant, who contested an ex parte order from the CIT(A) regarding the assessment year 2017-18. The appeal was initially time-barred by 7 days, but the Tribunal accepted the reasons for the delay as satisfactory and admitted the appeal. The primary issues arose from the scrutiny of the assessee's return, which reported large agricultural income and significant cash deposits during the demonetization period. The original assessment increased the declared income, which was contested. The Tribunal's decision to remit the case back to the CIT(A) indicates a recognition of the need for a thorough re-examination of the facts and circumstances surrounding the case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124135 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 08-06-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 20-04-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.464/PUN/2023 नधा रण वष / Assessment Year : 2017-18 Parshuram Shankarrao Ranbhare, Yashwant Nagar, Tal. Hatkanangle, Hupari – 416203, Maharashtra PAN : AHJPR9284K Vs. ACIT, Central Circle, Kolhapur Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the order ex parte dated 14-02-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. The appeal is time barred by 07 days. The assessee has filed an affidavit explaining the reasons for the delay. I am satisfied with the reasons so stated. The delay is condoned and the appeal is admitted for disposal on merits. Assessee by Shri J.R. Chandekar Revenue by Shri Gurmel Singh Date of hearing 09-06-2023 Date of pronouncement 09-06-2023 ITA No. 464/PUN/2023 2 3. It is seen that the assessee’s case was selected for scrutiny on account of “Large agricultural income shown in ITR and Large cash deposit during demonetization”. The assessment order in this case was passed u/s.143(3) of the Act determining total income at Rs.20,56,282/- as against the returned income at Rs.19,17,020/-. The ld. CIT(A), dismissed the appeal of the assessee ex parte. 4. After hearing both the sides and considering the entirety of facts and circumstances of the case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to decide the appeal afresh after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken that the assessee will render full assistance to the ld. first appellate authority in such fresh proceedings. 5. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09 th June, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 09 th June, 2023 सतीश ITA No. 464/PUN/2023 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. 5. The Pr.CIT concerned DR, ITAT, ‘SMC’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 09-06-2023 Sr.PS 2. Draft placed before author 09-06-2023 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. *