Appeal details
Counselvise Citation
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 month(s) 18 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
27-11-2024
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
09-10-2024
Assessment Year
2013-2014
Appeal Filed On
09-07-2024
Judgement Text
" \n \nIN THE INCOME TAX APPELLATE TRIBUNAL \nPUNE BENCH “B”, PUNE \n \nBEFORE SHRI R. K. PANDA, VICE PRESIDENT \nAND \nSHRI VINAY BHAMORE, JUDICIAL MEMBER \n \nआयकर अपील सं. / ITA No.1469/PUN/2024 \nिनधाᭅरण वषᭅ / Assessment Year: 2013-14 \n \nShrinivas \nVijaykumar \nChidrewar, \nA-38, \nS.No.55, \nH.No.1, \nSadbhav \nCo-op. \nHousing \nSociety, Kothrud, \nPune- 411029. \nPAN : AHSPC3607Q \n Vs. \nITO, Ward-3(3), Pune. \n \nAppellant \n \nRespondent \n \n \nआदेश / ORDER \n \nPER VINAY BHAMORE, JM: \n \nThis appeal filed by the assessee is directed against the order \ndated 30.05.2024 passed by Ld. CIT(A)/NFAC for the assessment \nyear 2013-14. \n2. \nFacts of the case, in brief, are that the assessee is an \nindividual carrying on the business of real-estate consultant and \nAssessee by \n: \nNone \nRevenue by \n: \nShri Arvind Desai \n \n \n \nDate of hearing \n: \n09.10.2024 \nDate of pronouncement \n: \n27.11.2024 \n\n \n \nITA No.1469/PUN/2024 \n \n \n \n \n2\nallied activities and furnished his return of income declaring \ntaxable income of Rs.5,13,056/-. Subsequently, a notice u/s 148 of \nthe IT Act was issued on the basis of information received from \nACIT, Circle-4(4), Mumbai that the assessee had made huge cash \ndeposits in his bank accounts maintained with M/s. Renuka Mata \nMulti State Urban Co-operative Credit Society Ltd. However, no \nreturn of income was filed in response to notice u/s 148 within 30 \ndays from the date of service of notice. Thereafter, a notice u/s \n142(1) was issued and assessee furnished his reply along with copy \nof bank account, copy of original ITR and copy of registered sale \ndeed. Thereafter further notices issued by the Assessing Officer \nrequesting for further clarification on account of cash of \nRs.54,24,870/- in bank account, but the assessee did not reply. The \nAssessing Officer completed the assessment u/s 144 r.w.s. 147 on \na total income of Rs.59,37,926/- as against the income declared by \nthe assessee in its return of income at Rs.5,13,056/-. Above \nassessed \nincome \nincludes \nunexplained \ncash \ndeposits \nof \nRs.54,24,870/-. \n\n \n \nITA No.1469/PUN/2024 \n \n \n \n \n3\nSince the assessee remained absent, Ld. CIT(A)/NFAC \ndismissed the appeal. It is this order against which the assessee is \nin appeal before this Tribunal. \n3. \nWhen the appeal was called for hearing, neither anybody \nappeared nor any application for adjournment was filed despite due \nservice of notice of hearing. Accordingly, we proceed to decide \nthe appeal on merits after hearing Ld. DR and on the basis of \nmaterial available on record. \n4. \nLd. DR appearing for the Revenue relied on the orders passed \nby subordinate authorities. It was also submitted by him that \nproper opportunity was allowed to the assessee but the assessee did \nnot choose to appear before the subordinate authorities and \naccordingly requested to confirm the orders passed by subordinate \nauthorities. \n5. \nWe have heard Ld. DR and perused the material available on \nrecord. We find that in the first appeal proceedings, total 3 \nopportunities were provided by Ld. CIT(A)/NFAC to the assessee. \nAdmittedly, all the three opportunities were given during the span \nof 9 days which is a very short period. The first date of hearing \n\n \n \nITA No.1469/PUN/2024 \n \n \n \n \n4\nwas on 08.05.2024, the next date of hearing was on 13.05.2024 and \nthe last date of hearing was on 17.05.2024. It is also evident that \nagain after exact 7 days i.e. on 24.05.2024 another opportunity was \nalso given to the assessee to support the grounds of appeal. A \nperusal of above dates of hearing, it is abundantly clear that in all \nfour opportunities were given to the assessee, but during a short \nspan of 16 days time. Under the above facts and circumstances of \nthe case, we are of the considered opinion that proper opportunity \nof hearing was not provided by Ld. CIT(A)/NFAC to the assessee \nand accordingly we deem it appropriate to provide proper \nopportunity of hearing to the assessee so that he can support the \ngrounds of appeal. Accordingly, the ex-parte order passed by Ld. \nCIT(A)/NFAC is set-aside and remanded back to the file of the Ld. \nCIT(A)/NFAC for fresh adjudication of appeal on merits as per \nfact and law after providing reasonable opportunity of hearing to \nthe assessee. The assessee is also hereby directed to respond to the \nnotices issued by Ld. CIT(A)/NFAC in this regard and produce \nsupporting documents/evidence in support of grounds of appeal, \notherwise, Ld. CIT(A)/NFAC shall be at liberty to pass appropriate \n\n \n \nITA No.1469/PUN/2024 \n \n \n \n \n5\norder as per law. Thus, the grounds of appeal raised by the \nassessee are partly allowed. \n6. \nIn the result, the appeal filed by the assessee is allowed for \nstatistical purposes. \nOrder pronounced on this 27th day of November, 2024. \n \n \n Sd/- \n \n \n Sd/- \n (R. K. PANDA) \n \n \n (VINAY BHAMORE) \n VICE PRESIDENT \n \n JUDICIAL MEMBER \n \nपुणे / Pune; ᳰदनांक / Dated : 27th November, 2024. \nSujeet \nआदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : \n1. \nअपीलाथᱮ / The Appellant. \n2. \nᮧ᭜यथᱮ / The Respondent. \n3. \nThe Pr. CIT concerned. \n4. \nिवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “B” बᱶच, \nपुणे / DR, ITAT, “B” Bench, Pune. \n \n5. \nगाडᭅ फ़ाइल / Guard File. \n आदेशानुसार / BY ORDER, \n \n// True Copy // \n Senior Private Secretary \n \n \n \n आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. \n"
Mehul