SHAILESH PARSHURAM PAVAR,NIJAMPUR V. ITO WARD - 5 PANVEL, TRIFRED TOWER

ITA 1809/PUN/2024

AI Insights

The case involves Shailesh Parshuram Pavar, the appellant, who did not file a return of income for the assessment year 2013-14. The Income Tax Officer (ITO) reopened the case by issuing a notice under section 148 of the Income Tax Act, 1961, and subsequently made additions to the assessee's income based on unexplained cash deposits and unreported interest income. The Ld. CIT(A) upheld these additions. The assessee appealed to the Income Tax Appellate Tribunal, which decided to remand the case back to the Ld. CIT(A) for a thorough examination of the additional evidences provided.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 471151 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Other Referred Cases: CIT vs. BN Bhattacharya (1997) 118 ITR 461 (SC), CIT vs. Multiplan India Pvt. Ltd. 38 ITD 320 (Del)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJAY DHIVARE
• Assessee Lawyers: RUSHIKESH KASHYAP
• Section: 148; 69A

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA No.1809/PUN/2024 Assessment Year : 2013-14 Shailesh Parshuram Pavar Kunabi Bhavan Nijampur Mangaon, Raigad – 402104 Vs. ITO, Ward 5, Panvel PAN : BVAPP5679L (Appellant) (Respondent) Assessee by : Shri Rushikesh Kashyap Department by : Shri Sanjay Dhivare, Addl. CIT (through virtual) Date of hearing : 04-02-2025 Date of pronouncement : 06-02-2025 O R D E R PER MANISH BORAD, AM : This appeal filed by the assessee is directed against the order dated 07.05.2024 of the Ld. CIT(A)/NFAC, Delhi, relating to assessment year 2013-14. 2. Facts of the case, in brief, are that the assessee has not filed return of income for the year under consideration. The case of the assessee was reopened by issue of notice u/s 148 of the Income Tax Act, 1961 (hereinafter referred to as „the Act‟). The notice u/s 148 of the Act was duly served on the assessee. Further, a notice u/s 142(1) of the Act was served on the assessee. However, the assessee neither filed any return of income in response to notice u/s 148 nor filed any submission. The Assessing Officer noted from the information available with its office that the assessee had deposited cash of Rs.17,00,500/- in one bank account and another 2 ITA No.1809/PUN/2024 amount of Rs.17,00,500/- maintained with Bank of India, Mangaon Branch. Since the assessee has failed to file return of income for the year under consideration and explain the sources of such cash deposits despite giving ample opportunities by the Assessing Officer, the Assessing Officer completed the assessment proceedings u/s 144 of the Act. While doing so, he made the addition of Rs.34,01,000/- u/s 69A r.w.s. 115BBE of the Act by treating the cash deposited in the bank accounts as unexplained money. The Assessing Officer also made addition of Rs.1,47,540/- on account of failure of the assessee to offer interest income and treated the same as “Income from other sources”. 3. In appeal, the Ld. CIT(A) / NFAC confirmed both the additions made by the Assessing Officer. While doing so, the Ld. CIT(A) / NFAC relied on the decisions in the case of CIT vs. BN Bhattacharya (1997) 118 ITR 461 (SC) and CIT vs. Multiplan India Pvt. Ltd. 38 ITD 320 (Del). 4. Aggrieved with such order of Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal. 5. The Ld. Counsel for the assessee at the outset filed certain additional evidences before the Tribunal and requested to restore the issue to the file of the Ld. CIT(A) / NFAC. 3 ITA No.1809/PUN/2024 6. The Ld. DR on the other hand has not objected for restoring the issue to the file of the Ld. CIT(A) / NFAC. 7. I have heard the rival arguments made by both the sides, perused the orders of the Assessing Officer and Ld. CIT(A) / NFAC. After considering the additional evidences filed by the assessee and considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the issue to the file of the Ld. CIT(A) / NFAC with a direction to grant one final opportunity to the assessee to substantiate his case and decide the issue as per fact and law as per provisions of section 250(6) of the Act. I hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes. 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on this 06th February, 2025. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे Pune; दिन ांक Dated : 06th February, 2025 GCVSR 4 ITA No.1809/PUN/2024 आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, „SMC‟ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune S.No. Details Date Initials Designation 1 Draft dictated on 04.02.2025 Sr. PS/PS 2 Draft placed before author 05.02.2025 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 Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order "