Shashikant Ramswaroop Chamadia, Pune V. Deputy Commissioner Of Income Tax, Circle-12, Pune, Pune

ITA 486/PUN/2024

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 2203 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-05-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 20-05-2024
• Assessment Year: 2018-2019
• Appeal Filed On: 07-03-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SARVESH KANDELWAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI G.D. PADMAHSHALI, ACCOUNTANT MEMBER ITA No.486/PUN/2024 निर्धारण वषा / Assessment Year : 2018-19 Shashikant Ramswaroop Chamadia Sr No.31/2/9, North Koregaon Park, Near Ganga Heritage, Koregaon Park, Pune – 411001 PAN : AANPC8379H Vs. DCIT, Circle-12, Pune Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2018-19 arises against the NFAC, Delhi‟s order dated 08-01-2024 passed in case No. ITBA/NFAC/S/250/2023-24/1059446739(1) in proceedings under Section 250 of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. Assessee by Shri Sarvesh Kandelwal Revenue by Shri Sourabh Nayak, Addl.CIT Date of hearing 21-05-2024 Date of pronouncement 27-05-2024 ITA No.486/PUN/2024 Shashikant Ramswaroop Chamadia 2 2. The assessee pleads the following substantive grounds in the instant appeal. 1. On facts and circumstances prevailing in the case and as per provisions & scheme of the Act it be held that the disallowance made of Rs.54,05,948/- which are deductible expenses as per the provisions of Section 57 is not in accordance with the provision of the Act. The addition so made be deleted. 2. On facts and circumstances prevailing in the case and as per provisions & scheme of the Act it be held that the commissioner of income tax was not justified in dismissing the appeal of the assessee without considering the facts prevailing in the case and materials available on record. Just and Proper relief be granted to the assessee. 3. Coming to the assessee‟s sole and substantive grievance pleaded in the instant appeal that both the learned lower authorities have erred in law and on facts in not granting section 57(iii) deduction regarding his income from other sources vis-a-vis the corresponding expenditure wholly and exclusively “laid out for the purpose of making or earning” the same, Mr. Nayak vehemently argued that no such details had been filed either during the course of assessment or in the lower appellate proceedings; as the case may be. 4. The assessee on the other hand has filed his paper book running into 173 pages before us. Mr. Khandelwal submits in light ITA No.486/PUN/2024 Shashikant Ramswaroop Chamadia 3 of index attached with the paper book that the assessee had duly filed his application seeking admission of additional evidence under rule 46A of the Income Tax Rules dated 23.11.2023 before the learned CIT(A) which has neither been considered. Faced with the situation, we deem it appropriate in the larger interest of justice to restore the assessee‟s instant sole substantive grievance back to the learned CIT(A) for his afresh appropriate adjudication as per law, preferably within three effective hearings, subject to a rider that it shall be the taxpayer‟s risk and responsibility only to plead and prove all the relevant facts in consequential proceedings. 5. This assessee‟s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 27 th May, 2024. Sd/- Sd/- (G.D. PADMAHSHALI) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 27 th May, 2024 GCVSR ITA No.486/PUN/2024 Shashikant Ramswaroop Chamadia 4 आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The concerned Pr.CIT(A), Pune 4. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 5. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 21-05-2024 Sr.PS 2. Draft placed before author 22-05-2024 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.