SATISH SADASHIV KHARAT,SANGLI V. CIT(A), SANGLI

ITA 921/PUN/2025

AI Insights

The case involves an appeal by Satish Sadashiv Kharat against the order of the Commissioner of Income Tax (Appeals), Sangli, which was based on an assessment order under sections 144 and 147 of the Income Tax Act, 1961. The primary contention was regarding the incorrect assessment of the assessee's share in a jointly purchased plot of land, where it was alleged that he had not invested the amount attributed to him in the assessment order. The Tribunal noted the absence of the assessee's representative during the hearing but proceeded to consider the affidavit and documents submitted by the assessee, which included sale deeds and bank statements. These documents were found to substantiate the assessee's claim of having paid only Rs.7,00,000 for his share in the property, contrary to the Rs.18,79,286 added to his income by the Assessing Officer.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669590 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH HALADKAR
• Keywords: Reasonable cause
• Section: 147; 144

Judgement Text

" आयकर अपीलीय अिधकरण ”एस एम सी” Ɋायपीठ पुणेमŐ। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC” :: PUNE BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.921/PUN/2025 िनधाᭅरण वषᭅ / Assessment Year: 2014-15 Satish Sadashiv Kharat, Guruwar Peth, Kashipura Galli, Tasgaon, Sangli – 416312. Maharashtra. V s The Commissioner of Income Tax(Appeals), Sangli. PAN: DCIPK4751H Appellant/ Assessee Respondent / Revenue Assessee by None Revenue by Shri Rajesh Haladkar – Addl.CIT(DR) Date of hearing 24/06/2025 Date of pronouncement 25/06/2025 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC] passed under section 250 of the Income Tax Act, 1961 for the A.Y.2014-15 dated 11.12.2023, emanating from assessment order u/s.144 r.w.s. 147 of the Income Tax Act, 1961 for A.Y.2014-15, dated 15.11.2019. The Assessee has raised following grounds of appeal : ITA No.921/PUN/2025 [A] 2 “1) Ground No.1 On the facts and circumstances of the case and Learned Assessing Officer has erred in completion the assessment u/s 144 of the Income Tax Act, 1961 without Considering the actual share of the appellant . he made addition of Rs.18,79,286/- without considering that this amount was never invested by the appellant. 1.1) 7 Individuals including the appellant has purchased a plot of land having total cost of Rs.1,33,55,000/- Appellant has less share in this plot of land and due to this he has paid only Rs.7,00,000/- towards purchase of this plot of land.” 2. At the outset of hearing, No one appeared on behalf of the assessee. No adjournment letter was filed. Finding & Analysis : 3. We have heard ld.DR for the Revenue and perused the record placed before us. It is observed that Assessing Officer has received information regarding joint purchase of Immovable Property for Rs.1,31,55,000/- by Seven(07) persons including assessee. Assessing Officer issued notice u/s.148 of the Act, dated 02.05.2018. Assessing Officer noted that there was no compliance, hence Assessing Officer made addition of Rs.18,79,290/- which was 1/7th share of the Assessee. Aggrieved by the assessment order, Assessee filed appeal before the ld.CIT(A). Ld.CIT(A) dismissed the appeal of the assessee for non-compliance. ITA No.921/PUN/2025 [A] 3 3.1 Aggrieved by the order of the ld.CIT(A), Assessee filed appeal before this Tribunal. 4. Assessee filed Affidavit explaining facts. The relevant Paragraphs of the Affidavit are reproduced here as under : “1, Mr. Satish Sadashiv Kharat, PAN - DCIPK4751H, do hereby take oath and solemnly affirm as under :- 1. Out of total cost of plot of land (Gat No. 217/1+2/5/B) my share was only of Rs.7,00,000/-. I have paid Rs. 7,00,000/- towards my share in purchase of Plot. This plot I had purchased on 11/10/2013. 2. This amount have been paid out of sale proceeds of one plot of land which was sold for Rs.8,50,000/- on 8/5/2013. 3. I have never Paid Rs.18,79,286/- As allegation per made in the assessment order. The above information is true and correct to the best of my knowledge. If it found false I will be liable for punishment under 236, 237 229/1, and 229/2 of THE BHARATIYA NYAYA SANHITS 2023.” 5. In support, Assessee has also filed copies of the registered sale deed dated 08.05.2013 and registered sale deed, dated 11.10.2013. The registered sale deed dated 11.10.2013 vide which Seven Persons has purchased a land gives details of payment made and the cheque numbers. Therefore, the information regarding payments made was easily available in the registered sale deed. However, Assessing Officer has not verified it. Assessee has also filed copy of the Bank Statement of Bank of India to substantiate payment of Rs.7 lakhs ITA No.921/PUN/2025 [A] 4 only. However, it is also a fact that these documents were not filed before the Assessing Officer. Assessee has filed all these documents before the ld.Departmental Representative for the Revenue also. 6. In these facts and circumstances of the case, in the interest of justice, we set-aside the assessment order for denovo adjudication to the Assessing Officer. Assessing Officer shall provide opportunity of hearing to the Assessee. The Assessee shall file necessary documents before the Assessing Officer. 7. We have already mentioned that Assessee has already filed copy of registered sale deed dated 08.05.2013, wherein, Assessee is a seller and copy of registered sale deed dated 11.10.2013 wherein, Assessee is one of the purchasers. Assessee has also filed copy of Bank Statement of Bank of India, Tasgaon Branch. Therefore, we request ld.DR to forward copies of these documents to the Assessing Officer. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose. 8. In the result, appeal of the assessee is allowed for statistical purpose. ITA No.921/PUN/2025 [A] 5 Delay: We found that there is a delay of 34 days in filing appeal before the ITAT. Assessee filed an Affidavit and pleaded for the condonation of delay. We have perused the Affidavit and are convinced that there is sufficient and reasonable cause for delay. Accordingly, the Delay is condoned. Order pronounced in the open Court on 25 June, 2025. Sd/- Sd/- (VINAY BHAMORE) (DIPAK P.RIPOTE) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 25 June, 2025/ SGR आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “एस एम सी” बᱶच, पुणे / DR, ITAT, “SMC” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीयअिधकरण, पुणे/ITAT, Pune. "