Sachin Kumar Kamal Zanwar, Pune V. Income Tax officer, Parbhani

ITA 795/PUN/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 2260 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-05-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 11-04-2024
• Assessment Year: 2011-2012
• Appeal Filed On: 05-07-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.795/PUN/2023 नधा रण वष / Assessment Year : 2011-12 Sachin Kumar Kamal Zanwar, Rathi Rathi and Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Pune 411 030 Maharashtra PAN : AAIPZ0099C Vs. ITO, Parbhani Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the CIT(A)-1, Aurangabad dated 20.06.2018 for the assessment year 2011-12. 2. Brief facts of the case are as under : The appellant is an individual engaged in the business of running a grocery shop. The Return of Income for the A.Y. 2011- 12 was filed on 11.07.2011 disclosing income of Rs.2,52,030/-. Subsequently, based on the information received from another Assessee by : Shri Parag Rathi Revenue by : Shri B.S. Rajpurohit Date of hearing : 21.05.2024 Date of pronouncement : 21.05.2024 ITA No.795/PUN/2023 2 Assessing Officer- ITO, Ward-1(1), Parbhani that the appellant received interest income of Rs.4,46,016/- on investment of Rs.13,99,286/-, formed an opinion that income escaped assessment of tax, accordingly issued notice u/s.148 on 17.09.2014. The appellant neither complied with the notice issued u/s.148 nor with the notice u/s.143(2) of the Income-tax Act, 1961. In the circumstances, the AO was constrained to complete the assessment vide order dated 31.03.2016 by assessing to tax the cash deposits made in the bank account amounting to Rs.10,01,228/- and unexplained cash credit of Rs.3,85,000/- by recording a finding that the appellant had failed to explain the source of cash deposits as well as proved genuineness of cash credit of Rs.3,85,000/-. 3. Being aggrieved by the above assessment order, an appeal was filed before the CIT(A) who vide impugned order dismissed the appeal for non-prosecution, however, on merits. 4. Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal. 5. I heard the rival submissions and carefully perused the relevant material on record. At the outset, I find that the appeal is filed with a delay of 1782 days. The appellant filed an affidavit seeking condonation of delay. I had carefully perused the contents ITA No.795/PUN/2023 3 of the affidavit and find that the appellant only explained the reasons for non-compliance before the CIT(A). No reasons whatsoever were furnished in support of the delay in filing the appeal before the Tribunal. In the absence of any reason for explaining the delay of 1782 days, it can be presumed that there was no valid reasons for delay in filing the appeal the Tribunal. Therefore, I am of the considered opinion that it is not a fit case to condone the delay of 1782 days, accordingly appeal is dismissed in limine, without condoning the delay. 6. In the result, the appeal filed by the assessee is dismissed. Order pronounced on this 21 st day of May, 2024. Sd/- (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; दनांक / Dated : 21 st May, 2024. Satish आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. यथ / The Respondent. 3. The Pr. CIT-1, Aurangabad 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब च, पुणे / DR, ITAT, “SMC” Bench, Pune. 5 . गाड फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.