Sattu Tukaram Mudhe, Sangli V. Income-tax Officer,(CIB), Kolhapur

ITA 466/PUN/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 3826 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 13-08-2019
• Assessment Year: 2005-2006
• Appeal Filed On: 12-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VISHWAS MUNDHE
• Keywords: Unexplained investment; Validity of assessment; Condonation of delay; Set aside
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL , VICE PRESIDENT . / ITA NO.466 /PUN/20 18 / ASSESSMENT YEAR : 2005 - 06 SHRI SATTU TUKARAM MUDHE, SHARAD NAGAR, KUPWAD, DIST. SANGLI. PAN : ASEPM9466G. ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, (CIB), KOLHAPUR. / RESPONDENT A SSESSEE BY : SHRI M.K. KULKARNI REVENUE BY : SHRI VISHWAS MUNDHE / DATE OF HEARING : 13 .0 8 .2019 / DATE OF PRONOUNCEMENT : 13 .08 .2019 / ORDER PER R.S. SYAL, VP : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) - 1 , KOLHAPUR ON 13.12.2017 IN RELA TION TO THE ASSESSMENT YEAR 20 05 - 06. 2. THIS APPEAL IS TIME - BARRED BY 21 DAYS. THE ASSESSEE HAS PLACED ON RECORD A N AFFIDAVIT DATED 21 - 0 2 - 2019 EXPLAINING THE REASONS WHICH LED TO THE LATE FILING OF APPEAL. I AM SATISFIED WITH 2 ITA NO. 466 /PUN/20 18 A.Y. 2005 - 06 SUCH REASONS. THE DELAY IS CONDONED AND THE APPEAL IS ADMITTED FOR HEARING ON MERITS. 3. THE GROUND S CHALLENGING THE VALIDITY OF ASSESSMENT W ERE NOT PRESSED BY THE LD. AR . THE SAME ARE, THEREFORE, DISMISSED AS NOT PRESSED. 4. ON MERITS, THE ASSESSEE IS AGGRIEVED BY THE ADDITION OF RS.27,71,400/ - . BRIEFLY STATED , FACTS ARE THAT THE ASSESSEE DID NOT FILE HIS RETURN OF INCOME AND THEREFORE, NOTICE U/S.142(1) OF THE INCOME TAX ACT, 1961 (HEREINAFTER CALLED AS THE ACT) DATED 12.12.2007 WAS ISSUED REQUIRING THE ASSESSEE TO FILE HIS RETURN. THE RETURN WAS FILED ON 31.12.2007 , WHICH WAS LAST DATE FOR COMPLETION OF ASSESSMENT. ACCORDINGLY, THE ASSESSMENT ORDER WAS PASSED ON THE SAME DATE AFTER MAKING ADDITION OF RS.27,71,400/ - ON ACCOUNT OF UNEXPLAINED INVESTMENT IN THE BANK ACCOUNT. THE LD. CIT(APPEALS) UPHELD THE ADDITION. 5 . HAVING HEARD BOTH THE SIDES AND GONE THROUGH THE RELEVANT MATERIA L ON RECORD , IT IS OBSERVED THAT ASSESSEE FILED HIS RETURN ON THE LAST DATE , BEING , THE SAME DATE BY WHICH THE ASSESSMENT OUGHT TO HAVE BEEN CONCLUDED. IN MY CONSIDERED OPINION, ENDS OF JUSTICE W OULD ADEQUATELY MEET IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS REMITTED TO THE FILE OF ASSESSING OFFICER FOR FRAMING THE ASSESSMENT AFRESH AS PER LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. I ORDER ACCORDINGLY. 3 ITA NO. 466 /PUN/20 18 A.Y. 2005 - 06 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRO NOUNCED ON 13 TH DAY OF AUGUST , 201 9 . SD/ - R . S . SYAL / VICE - PRESIDENT / PUNE; / DATED : 13 TH AUGUST , 201 9 . SB / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. THE CIT(APPEALS) - 1, KOLHAPUR. 4. THE PR. CIT - 1, KOLHAPUR. 5. , , - , / DR, ITAT, SMC BENCH, PUNE. 6. / GUARD FILE. // TRUE COPY // / BY ORDER, / PRIVATE SECRETARY , / ITAT, PUNE . 4 ITA NO. 466 /PUN/20 18 A.Y. 2005 - 06 * DATE 1 DRAFT DICTATED ON 13.08 .201 9 SR. PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13.08 .2019 SR. PS/PS 3 DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5 APPROVED DRAFT COMES TO THE SR. PS/PS SR. PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR. PS/PS 7 DATE OF UPLOADING OF ORDER SR. PS/PS 8 FILE SENT TO BENCH CLERK SR. PS/PS 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE A.R 11 DATE OF DISPATCH OF ORDER