NANDU ATMARAM WAJEKAR,PANVEL DIST RAIGAD V. ACIT PANVEL, PANVEL DIST RAIGAD

ITA 67/PUN/2025

AI Insights

The case involves Nandu Atmaram Wajekar, an individual engaged in real estate, who filed a declaration under the Income Declaration Scheme, 2016, declaring additional income of Rs. 11,59,01,141. However, he failed to pay the associated tax, surcharge, and penalty by the deadline specified in the Finance Act, 2016. Consequently, the Principal Commissioner of Income Tax-2, Thane, cancelled his declaration and the Assessing Officer levied a penalty. The assessee's appeal against this penalty was dismissed by the CIT(A)/NFAC, leading to the current appeal before the Tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 824448 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2017-2018
• Appeal Filed On: 11-01-2025
• Laws Referred To: Income Tax Act, 1961, Finance Act, 2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIDYA RATNA KISHORE
• Section: 142(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.67/PUN/2025 Assessment year : 2017-18 Nandu Atmaram Wajekar C001 Plot No.257, Shree Mahalaxmi Rupali Cinema Road, Panvel – 410206, Maharashtra Vs. ACIT, Panvel PAN: AADPW9879Q (Appellant) (Respondent) Assessee by : None Department by : Shri Vidya Ratna Kishore Date of hearing : 18-12-2025 Date of pronouncement : 29-12-2025 O R D E R PER R.K. PANDA, VP: This appeal filed by the assessee is directed against the order dated 26.11.2024 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2017-18 confirming the penalty of Rs.69,54,070/- levied by the Assessing Officer u/s 271AAC(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. None appeared on behalf of the assessee at the time of hearing. A perusal of the order sheet entries shows that this appeal was fixed for hearing on a number of times and the assessee was not appearing. The case was last fixed for hearing on 08.12.2025 and due to non-appearance of the assessee the case was adjourned to 18.12.2025. However, today also when the name of the assessee was called, none appeared on behalf of the assessee nor any application seeking adjournment of the Printed from counselvise.com 2 ITA No.67/PUN/2025 case has been filed. Further it was seen that from 07.05.2025 till 18.12.2025 the case was fixed for as many as 5 times. Under these circumstances, we deem it proper to decide this appeal on the basis of material available on record and after hearing the Ld. DR. 3. Facts of the case, in brief, are that the assessee is an individual and engaged in real estate. He filed Form No.1 being form of declaration u/s 183 of the Finance Act, 2016 in respect of Income Declaration Scheme, 2016 declaring therein a total amount of Rs.11,59,01,141/-. Accordingly, the assessee was required to pay tax, surcharge & penalty on or before the specified date mentioned in section 187(1) of the Finance Act, 2016 on the additional income offered under IDS, 2016. However, the assessee failed to pay the tax, surcharge & penalty on or before the specified date mentioned in section 187(1) of the Finance Act, 2016 and therefore, the declaration filed was not a valid declaration. Accordingly, the Principal Commissioner of Income Tax-2, Thane cancelled Form No.2, being acknowledgement of declaration u/s 183 of the Finance Act, 2016 in respect of Income Declaration Scheme, 2016, and passed an order u/s 187(3) of the Finance Act, 2016 in respect of Income Declaration Scheme, 2016. Thereafter, the Assessing Officer issued notice u/s 142(1) of the Act on a number of times. However, despite number of opportunities granted the assessee did not make any reply for which the Assessing Officer proceeded to complete the assessment determining the total income of the assessee at Rs.11,59,01,141/-. Printed from counselvise.com 3 ITA No.67/PUN/2025 4. Subsequently the Assessing Officer initiated penalty proceedings u/s 271AAA of the Act. Since the assessee despite number of opportunities granted did not make any submission, the Assessing Officer levied penalty of Rs.69,54,070/- being 10% of the tax payable u/s 115BBE of the Act by observing as under: Printed from counselvise.com 4 ITA No.67/PUN/2025 5. In appeal the Ld. CIT(A) / NFAC upheld the action of the Assessing Officer by observing as under: Printed from counselvise.com 5 ITA No.67/PUN/2025 Printed from counselvise.com 6 ITA No.67/PUN/2025 6. Aggrieved with such order of the Ld. CIT(A) / NFAC the assessee is in appeal before the Tribunal. 7. We have heard the Ld. DR and perused the record. It is an admitted fact that despite number of opportunities granted by the Assessing Officer, the assessee neither furnished any details during the course of assessment proceedings nor filed any submission during the penalty proceedings. A perusal of the order of the Ld. CIT(A) / NFAC shows that he has dealt with the issue thoroughly and passed a detailed speaking order while sustaining the penalty levied by the Assessing Officer. In absence of any material before us to take a contrary view than the view taken by the Ld. CIT(A) / NFAC on this issue, we do not find any infirmity in the order of the Ld. CIT(A) / NFAC in confirming the penalty levied by the Assessing Printed from counselvise.com 7 ITA No.67/PUN/2025 Officer u/s 271AAC(1) of the Act. The grounds raised by the assessee are accordingly dismissed. 8. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open Court on 29th December, 2025. Sd/- Sd/- (ASTHA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 29th December, 2025 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपील र्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘A’ Bench, Pune 5. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune S.No. Details Date Initials Designation 1 Draft dictated on 26.12.2025 Sr. PS/PS 2 Draft placed before author 26.12.2025 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 on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Office Superintendent 10 Date on which file goes to the A.R. 11 Date of Dispatch of order Printed from counselvise.com "