SHARANABASAPPA BAPUGOWDA PATIL, KALABURAGI V. ACIT, CIRCLE 1(3)(1), Bengaluru, Bengaluru

ITA 942/BANG/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5474 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: C
• Next Hearing Date: 29-07-2024
• Assessment Year: 2014-2015
• Appeal Filed On: 14-05-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V. PARITHIVEL
• Assessee Lawyers: VINOD S. JOSHI
• Section: 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE “C” BENCH, BANGALORE Before Shri Laxmi Prasad Sahu, Accountant Member and Shri Keshav Dubey, Judicial Member ITA No. 942/Bang/2024 (Assessment Year: 2014-15) Sharanabasappa Bapugowda Patil No. 18, KHB Colony Benhind Court Kalaburagi Karnataka 585102 PAN – ABYPD4489M vs. ACIT, Circle - 1(3)(1) 6th Floor, HMT Bhavan Ballari Road Bengaluru 560032 (Appellant) (Respondent) Assessee by:Shri Vinod S. Joshi, CA Revenue by:Shri V. Parithivel, JCIT-DR Date of hearing: 30.07.2024 Date of pronouncement: 31.07.2024 O R D E R Per: Keshav Dubey, J.M. This appeal at the instance of the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 18.03.2024 vide DIN & order No. ITBA/NFAC/S/2003-24/1062845696(1) passed under Section 250 of the Income Tax Act, 1961 (the Act) in respect of Assessment Year (AY) 2014-15. 2.The assessee has raised the following grounds of appeal: - “1 I had sold the property during the FY 2011-12 and the details of the s aid property are has been attached for reference. In F.Y. 2011-12, the entire sale consideration of Rs. 1, 20, 00, 000 have been received through as follows: Serial No. Instrument No. Date of realization Amount in Rs. 1 ITA No. 942/Bang/2024 Sharanabasappa Bapugowda Patil 2 646681 25/07/2011 10,00,000 2 6466 83 10/08/2011 10,00,000 3 646684 02/09/2011 25,00,000 4 139198 12/09/2011 75,00,000 Total: 1, 20, 00,000 And the same has been withdrawn as and when the money is realized in bank for the purpose of buying a new property and hold the cash in hand for the purpose of good options in future and the same amounts were deposited again in the year 2013-14 to take demand draft towards consideration for the purpose of purchasing a new property. And apart from this, I have income from agriculture as well and the supporting documents have been produced at the time of hearing and attached for your reference.” 3.At the time of hearing the AR of the assessee at the outset submitted that the assessee could not represent his case before the ld. CIT(A) properly, as a result of which the ld. CIT(A) has dismissed the appeal of the assessee on account of non prosecution. On perusal of the order of the ld. CIT(A) it is found that the ld. CIT(A) has also not adjudicated the issue of merits. During the course of hearing the ld. Counsel of the assessee vehemently submitted that due to communication gap between the assessee and the Tax Consultant there was non-compliance before the ld. CIT(A) and further submitted that for the fault of the Tax Consultant the assessee should not suffer and requested that the assessee may be provided one more opportunity to represent his case before the ld. CIT(A). 4.Considering the prayer of the assessee we are of the opinion that in the interest of justice and fair play we remit the entire issue involved in dispute to the file of ld. CIT(A) for fresh consideration and to decide the issue in accordance with law after granting the assessee adequate opportunity of being heard. The assessee is also directed to cooperate with the proceeding before the ld. CIT(A)/NFAC & to file the necessary submissions/ documents/evidences & satisfy them regarding the genuineness of the claim made by him. We clarify that in case of further default the assessee shall not be entitled for any leniency. ITA No. 942/Bang/2024 Sharanabasappa Bapugowda Patil 3 5.In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced in the open Court on 31 st July, 2024. Sd/- Sd/- (Laxmi Prasad Sahu) (Keshav Dubey) Accountant Member Judicial Member Bengaluru, Dated: 31 st July, 2024 n.p. Copy to: 1.The Appellant 2.The Respondent 3.The CIT, concerned 4.The DR, ITAT, Bangalore 5.Guard File By Order //True Copy// Assistant Registrar ITAT, Bangalore ITA No. 942/Bang/2024 Sharanabasappa Bapugowda Patil 4 S.No. Details Date Initials Designation 1 Draft dictated on 30.07.2024 Sr. PS/PS 2 Draft placed before author 31.07.2024 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement Sr. PS/PS 7 File sent to Bench Clerk Sr. PS/PS 8 Date on which the file goes to Head Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order