Vandana Vinayak Bhambure (L/H of deceased Vinayak Laxman Bhambure), Pune V. Income Tax Officer, Ward-5(2), Pune, Pune

ITA 806/PUN/2023

AI Insights

The case involves Vandana Vinayak Bhambure, who appealed against the order of the NFAC which confirmed an addition of Rs. 7,25,000 to her income for the assessment year 2015-16. This amount was received in cash from the sale of a flat, which was not disclosed in her books of accounts. The Assessing Officer had initially issued a notice under section 148 of the Income Tax Act, 1961, due to this undisclosed income, and after the assessee's non-response, completed the assessment under section 147 read with section 144, resulting in a total income assessment of Rs. 14,77,000. The Tribunal, after hearing the Department's representative and reviewing the records, dismissed the appeal, agreeing with the NFAC's findings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137653 (ITAT-PUNE)
• Duration Of Justice: 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 02-08-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 12-07-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.806/PUN/2023 िनधाᭅरण वषᭅ / Assessment Year : 2015-16 Vandana Vinayak Bhambure (L/H of deceased Vinayak Laxman Bhambure), S.No.34/3/1 Vaishnavi Heights, Ambegaon BK, Pune- 411046. PAN : AHXPB3542J Vs. ITO, Ward-5(2), Pune. Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 10.05.2023 for the assessment year 2015-16. 2. Briefly, the facts of the case are that the appellant is an individual. The appellant had filed the Return of Income for the assessment year 2015-16 disclosing total income of Rs.7,52,000/-. However, the Assessing Officer on receipt of the information that the appellant had accepted cash of Rs.7,25,000/- towards sale of flat Assessee by : None Revenue by : Shri A. K. Mahala Date of hearing : 03.08.2023 Date of pronouncement : 07.08.2023 ITA No.806/PUN/2023 2 at Vaishnavi Complex, Katraj and the said cash was not disclosed in the books of accounts, issued a notice u/s 148 of the Income Tax Act, 1961 (‘the Act’) on 20.03.2020. The appellant had not responded in response to the notice u/s 148 of the Act. Thereafter, the assessment was completed by the Income Tax Officer, Ward- 5(2), Pune (‘the Assessing Officer’) vide order dated 29.09.2021 passed u/s 147 r.w.s. 144 of the Act at a total income of Rs.14,77,000/-. While doing so, the Assessing Officer made addition of Rs.7,25,000/- being unexplained money. Even before the NFAC, the addition made by the Assessing Officer came to be confirmed. 3. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 4. When the matter was called on none appeared on behalf of the assessee despite due service of notice of hearing. Therefore, I proceed to dispose of the matter after hearing the ld. CIT-DR and perusing the material on record. 5. I had gone through the material on record as well as the impugned order. I find that the impugned order passed by the NFAC is based on proper appreciation of facts as well as material on record. Therefore, the order of the NFAC is well reasoned and ITA No.806/PUN/2023 3 requires no interference. Since the levy of interest u/s 234A to 24D of the Act is consequential in nature, the same is dismissed as such. Hence, the grounds of appeal filed by the assessee stand dismissed. 6. In the result, the appeal filed by the assessee stands dismissed. Order pronounced on this 07 th day of August, 2023. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 07 th August, 2023. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “SMC” बᱶच, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.