LAMBODAR GOLD,LONI KALBHOR PUNE V. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), PUNE, PUNE

ITA 1381/PUN/2024

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The case involves Lambodar Gold, the appellant, contesting an addition of Rs. 1,31,20,000 to their income for the Assessment Year 2020-21, which was confirmed by the CIT(A). The addition was based on a survey conducted under section 133A of the Income Tax Act, 1961, where it was revealed that the assessee received unrecorded cash advances for plots. The assessee sought to introduce additional evidence not previously submitted to lower authorities, claiming the cash vouchers were prepared during the survey and did not correlate with actual sales. The Department opposed the admission of additional evidence, citing a significant delay in retraction of the initial acceptance of income.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 716386 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2020-2021
• Appeal Filed On: 20-06-2024
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P MURKUNDE
• Assessee Lawyers: PRAMOD SHINGTE
• Keywords: Additional evidence; Reasonable cause; Retraction
• Section: 143(3); 133A

Judgement Text

" आयकर अपीलीय अधिकरण \"ए \"न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"A\" BENCH, PUNE BEFORE Dr. MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं / ITA No.1381/PUN/2024 धििाारण वर्ा /Assessment Year: 2020-21 Lambodar Gold, Loni Kalbhor, Gala No. 17, Shree Ganesh Complex, Near Union Bank, Kadamwakwasti, Loni, Kalbhor, Pune- 412201 Maharashtra PAN-AAHFL1890Q Vs. DCIT, Central Circle 2(2), Pune अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee by: CA Pramod Shingte Department by: Shri Ramnath P Murkunde Date of hearing: 07-08-2025 Date of Pronouncement: 21-08-2025 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER:- This appeal at the instance of assessee is directed against the order of Ld. CIT(A), Pune dated 18.04.2024 framed u/s 250 of the Income Tax Act 1961 for A.Y. 2020-21 and is arising out of Assessment Order u/s 143(3) of the Act dated 29.09.2022. 2. The sole grievance of the assessee is that Ld. CIT(A) erred in confirming the addition of Rs. 1,31,20,000/- made by the assessing officer involving section 69A of the Act. Printed from counselvise.com 2 ITA No.1381/PUN/2024 3. At the outset Ld. Counsel for the assessee requested for admission of additional evidence enclosed in the Paper Book from Page No. 1-49 (Except page No. 04-20) which have not been submitted before the lower authorities and requested for providing one more opportunity to go before the lower authorities for necessary adjudication of the issue in light of additional evidence. 4. On the other hand Ld. Departmental Representative (DR) stated that the impugned addition is based on the statement of the Partner of the assessee firm recorded during the course of survey carried out u/s 133A of the Act on 01.10.2019 and the cash vouchers prepared by the assessee and found by the survey team which remain unexplained. He also submitted that the survey was carried out on 01.10.2019 but the retraction has been made in July 2022 which is almost after 2 years which shows that the retraction is merely after thought. 5. We have heard rival contentions and perused the record placed before us. We note that the assessee has been subjected to survey proceedings u/s 133A of the Act carried out on 01.10.2019. During the course of survey proceedings Shri Amol Arvind Kalbhor, Partner of the firm accepted to have received an amount of Rs. 1,31,20,000/- as a part of advance of plots at Post Peth, Opp. Ultratech Cement Company, Tal: Haveli, Pune and the same are not recorded in the Books of Accounts. In support of the same Cash Vouchers were found by the survey team which are placed in the Paper Book at page No. 102-124 and the amounts mentioned in these figures totals to the alleged sum. Now subsequent to the survey assessee filed the return of income on 15.02.2021 declaring income of Rs. 1,33,79,990/- but in the income tax return Printed from counselvise.com 3 ITA No.1381/PUN/2024 assessee did not disclosed additional income of Rs. 1,31,20,000/- accepted during the course of survey proceeding. Ld. AO therefore in the assessment proceeding carried out u/s 143(3) of the Act, made addition of Rs. 1,31,20,000/- and the same has been further affirmed by the Ld. CIT(A). 6. Before us Ld. Counsel for the assessee is claiming that the cash vouchers placed at Paper Book No. 102-124 were prepared by the assessee during the course of survey. He further submitted that the names appearing in the vouchers did not have any co-relation with the sale of plot made by the assessee during the year. He further referred to the additional evidence placed at serial No. 1 and 2 and serial No. 7-12 of the Paper Book running into 49 pages and submitted that this additional evidence may please be considered for adjudication of the issues raised in the instant appeal. 7. So far as impugned addition is considered both the lower authorities has referred and relied on the statement recorded during the course of survey alongwith the cash vouchers duly signed by the Partner of the assessee firm indicating that cash has been received from various persons but the same being not recorded in the Books of Accounts. However in the larger interest of justice and being fair to both the parties we admit the additional evidences filed before us and restore the issue raised in this appeal on merits to the file of Ld. CIT(A) for re adjudication after considering the additional evidence furnished by the assessee and then decide in accordance with law as contemplated u/s 250(6) of the Act. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise Printed from counselvise.com 4 ITA No.1381/PUN/2024 required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes. 8. In the result appeal of the assessee is allowed for statistical purposes. Order pronounced on this 21st day of August, 2025 Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/ Pune; ददिांक /Dated: 21st August, 2025. Neeta आदेश की प्रधिधलधप अग्रेधर्ि /Copy of the Order forwarded to: 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, \"A\" बेंच, पुणे / DR, ITAT, \"A\" Bench, Pune. 5. गार्ा फाइल / Guard File. आदेशािुसार / BY ORDER, //True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण, पुणे /ITAT, Pune. Printed from counselvise.com "