MR. SIDDHESHWAR PANDURANG RANE,MANGALVEDHA, SOLAPUR V. ITO, WARD-1, PANDHARPUR, PANDHARPUR, SOLAPUR

ITA 2888/PUN/2024

AI Insights

The case involves Siddheshwar Pandurang Rane, the appellant, contesting an ex parte assessment order for the Assessment Year 2011-12, which was initially passed by the ITO, Ward-1, Pandharpur, and later upheld by the National Faceless Appeal Centre, Delhi. The primary contention in the appeal was the significant delay (about 7 months) in filing the appeal with the ITAT, attributed to the failure of the appointed Chartered Accountant and the non-availability of crucial documents like the assessment order and demand notice. The Tribunal, acknowledging the circumstances and the cited Supreme Court precedent, decided to condone the delay and remand the case for a fresh examination of the merits.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24804 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Other Referred Cases: Collector Land Acquisition Vs. MST Katiji (1987) 167 ITR 471 SC
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY K. DHIVARE
• Assessee Lawyers: BHUVANESH V. KANKANI
• Keywords: Set aside; Reasonable cause

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.2888/PUN/2024 Assessment Year : 2011-12 Siddheshwar Pandurang Rane, H.No.285A, Gaonthan Bramhapuri, Mangalwedha, Solapur - 413 305, Maharashtra PAN : ATKPR5378P V/s ITO, Ward-1, Pandharpur Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal pertaining to Assessment Year 2011- 12 at the instance of assessee is directed against the order dated 23.03.2024 passed by National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) which in turn is arising out of Assessment Order dated 12.12.2018 passed u/s.144 r.w.s.147 of the Act. 2. At the outset, Ld. Counsel for the assessee submitted that the Assessment order as well as the First Appellate order was passed exparte against the assessee. There was delay of about 7 months in presenting the appeal before the Tribunal. Ld. Counsel referring to the affidavit demonstrated the various reasons stating them to be ‘reasonable cause’ for presenting the appeal belatedly before the Tribunal. The chief reasons are (a) Assessee by : Shri Bhuvanesh V. Kankani Revenue by : Shri Sanjay K. Dhivare Date of hearing : 06.02.2025 Date of pronouncement : 07.02.2025 2 ITA No.2888/PUN/2024 Siddheshwar Pandurang Rane Failure of Mr. Swapnil Gandhi, Chartered Accountant to make requisite submissions before the ld.CIT(A); (b) non-availability of Assessment Order, demand notice etc. and the complete non- co-operation of the Chartered Accountant. The assessee is pro- active and due to reasons beyond the control of assessee, the appeal could not be preferred in time. The delay occurred in the instant case is not intentional, therefore, an opportunity be given to the assessee. It is therefore prayed for condoning the delay and remitting the issues on merit to the file of ld.CIT(A) for adjudication thereof. The ld. Authorized Representative also emphasized that the assessee will be more vigilant in complying with the notices issued by the department and representing the matter effectively. 3. I have carefully gone through the averments made in the condonation petition filed before the ld.CIT(A) and find that there was ‘reasonable cause’ which prevented the assessee in filing the appeal within the stipulated time. Therefore, the delay occurred in preferring the appeal before the Tribunal is condoned by virtue of decision of Hon’ble Supreme Court in the case of Collector Land Acquisition Vs. MST Katiji (1987) 167 ITR 471 SC . 4. Considering the totality of the facts of the case and the submissions made by the ld. Counsel for the assessee and there being no objection from the ld. Departmental Representative for remanding the issues on merit to the file of ld.CIT(A) for denovo adjudication, I in the larger interest of justice deem it proper to give an opportunity to the assessee. In view thereof, without dwelling into merits of the issue, the issues on merits are being remitted to the file of ld.CIT(A). Assessee is directed to provide 3 ITA No.2888/PUN/2024 Siddheshwar Pandurang Rane proper email id to the department for receiving the hearing notices from the ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(A) shall be free to proceed in accordance with law. Finding of the ld.CIT(A) is set aside and effective ground of appeal raised by the assessee is allowed for statistical purposes. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on this 07th day of February, 2025. - Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे/Pune; \u0001दनांक / Dated : 07th February, 2025 Satish आदेश क\u0002 \u0003ितिलिप अ\tेिषत / Copy of the Order forwarded to : 1. अपीलाथ\f / The Appellant. 2. \r\u000eयथ\f / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय \rितिनिध, आयकर अपीलीय अिधकरण, “(SMC)” ब\u0014च, पुणे/ DR, ITAT, “(SMC)” Bench, Pune. 5. गाड\u0018 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune "