Shri Sangram Jaywantrao Gade, Pune V. Income-tax Officer, Ward - 3(1), Pune

ITA 513/PUN/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 0803 (ITAT-PUNE)
• Duration Of Justice: 4 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-05-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 20-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.513/PUN/2018 नधा रण वष / Assessment Year : 2008-09 Sangram Jaywantrao Gade, Flat No.3, Sr.No.1201/D, Shirole Road, Shivaji Nagar, Pune – 04 PAN : AGEOPG8777A Vs. ITO, Ward-3(1), Pune (Appellant) (Respondent) आदेश / ORDER PER S.S. GODARA, JM : This assessee’s appeal for AY 2008-09 arises against the CIT(A), Pune-3’s order dated 31-10-2017 passed in case No. ITBA/APL/S/250/2017-18/1007479312(1) involving proceedings under Section 250 of the Income Tax Act, 1961 in short the Act. Case called twice. None appears at assessee’s behest. He is accordingly proceeded ex parte. 2. Coming to assessee’s sole substantive ground that both the lower authorities have erred in law and on facts in making section 69A addition of Rs.21,09,500/- thereby treating his cash deposits in IDBI Bank account as unexplained, it transpires at the outset that he himself is very fair in not disputing the clinching fact that they have already adopted ‘peak’ figure whilst making the impugned addition. This is coupled with the fact that the assessee had not filed any explanation regarding source of the impugned Appellant by None Respondent by Shri Arvind Desai Date of hearing 26-05-2022 Date of pronouncement 30-05-2022 ITA No. 513/PUN/2018 Sangram J. Gade 2 deposits. Faced with this situation, I hold that the learned lower authorities have rightly made the impugned addition in assessee’s hands. The same is confirmed in principle. 3. Next comes equally important aspect of quantification of the impugned addition. Mr. Desai could hardly dispute the fact that the learned lower authorities have not granted benefit of any cash in hand to the assessee thereby considering his social status. Faced with this situation, I deem it appropriate that the assessee deserves relief of Rs.2.50 lakhs only out of the impugned addition amounting to Rs.21,09,518/- in issue. The same is upheld to the extent of Rs.17,59,500/- in other words. Necessary computation shall follow as per law. 4. The assessee’s delay of 82 days in filing the instant appeal is condoned for the reason stated in the case file. 5. This assessee’s appeal is partly allowed in above terms. Order pronounced in the Open Court on 30 th May, 2022. Sd/- (S.S.GODARA) JUDICIAL MEMBER प ु णे Pune; दनांक Dated : 30 th May, 2022 Satish/Doc ITA No. 513/PUN/2018 Sangram J. Gade 3 आदेश क त ल प अ े षत / Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. यथ / The Respondent; 3. The CIT(A)-3, Pune 4. 5. The Pr.CIT-3, Pune 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 26-05-2022 Sr.PS 2. Draft placed before author 27-05-2022 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.