RAGHOBA RAMCHANDRA SADEKAR,SINDHUDURG V. INCOME TAX OFFICER, WARD 1, KUDAL

ITA 1500/PUN/2024

AI Insights

The case involves Raghoba Ramchandra Sadekar, the appellant, who contested an order from the ITO, Ward-1, Kudal, concerning an addition of Rs.56,50,000 under section 69A of the Income Tax Act for unexplained money related to a cash deposit in a bank account. Initially, the assessee did not appear for the hearings, and an adjournment was sought via email. Subsequently, the assessee opted for the Direct Tax Vivad Se Vishwas Scheme, 2024, leading to the settlement of the tax dispute and payment of Rs.4,33,135. Consequently, the tribunal dismissed the appeal as withdrawn, acknowledging the settlement under the scheme.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 396342 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A.D.KULKARNI

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1500/PUN/2024 िनधाᭅरण वषᭅ / Assessment Year : 2013-14 Raghoba Ramchandra Sadekar, Kasai Dodamarg, Bhosle Colony, Dodamarg, Sindhudurg- 416512. PAN : DSTPS3993A Vs. ITO, Ward-1, Kudal. Appellant Respondent आदेश / ORDER PER MANISH BORAD, AM: This appeal filed at the instance of assessee is directed against the order of Ld. CIT(A)/NFAC dated 27.05.2024 which is arising out of the order for Assessment Year 2013-14 framed on 27.09.2021 by the ITO, NFAC, Delhi. 2. When the case was called for none appeared on behalf of the assessee. Even on the last date of hearing i.e. on 24.02.2025 there was no representation. However, prior to 24.02.2025, Mr. Rajesh A. Athavale has appeared on behalf of the assessee and seeked adjournment. However, since the assessee has not complied to the Assessee by : None Revenue by : Shri A. D. Kulkarni Date of hearing : 03.04.2025 Date of pronouncement : 30.05.2025 ITA No.1500/PUN/2024 2 notice of hearing given by this Tribunal even after the issuance of valid notice of hearing, we deem it appropriate to adjudicate the appeal on the basis of available records. 3. The only grounds raised by the assessee is that Ld. CIT(A)/NFAC erred in confirming the addition of Rs.56,50,000/- made u/s 69A of the Act for unexplained money in respect of cash deposit in the bank account. 4. Before moving to adjudicate the grounds on merit, we take note on an application for adjournment which has been filed today through e-mail without any physical/virtual hearing wherein it has been stated that the client has filed a declaration under the Direct Tax Vivad Se Vishwas Scheme, 2024 and therefore requested to adjourn the hearing. Considering this situation that the assessee has opted for Direct Tax Vivad Se Vishwas Scheme, 2024, dealing with merits of the case would be merely academic in nature. During the course of period between the date of hearing of this appeal on 03.04.2025 and prior to pronouncement of the order, a communication has been received from the Authorized Representative of the assessee on 29.05.2025 requesting for withdrawal of the appeal as the assessee has successfully opted for the settlement of tax dispute under the Direct Tax Vivad Se ITA No.1500/PUN/2024 3 Vishwas Scheme, 2024 and the tax demand determined in Form No.2 at Rs.4,33,135/- has been paid by the assessee on 26.05.2025. 5. Considering the fact that the assessee has settled the tax dispute under the Direct Tax Vivad Se Vishwas Scheme, 2024 and the prayer made in the application dated 29.05.2025, we hereby dismiss the instant appeal as withdrawn. However, liberty is granted to the assessee to file Miscellaneous Application in case the assessee is not able to fully succeed under the Direct Tax Vivad Se Vishwas Scheme, 2024 however such Miscellaneous Application is required to be filed within the statutory time limit provided under the Act. 6. In the result, appeal of the assessee is dismissed as withdrawn. Order pronounced on 30th day of May, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 30th May, 2025. 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, “B” बᱶच, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "