BHAULA BALWANTRAO TATHE,AURANGABAD vs. INCOME TAX OFFICER, WARD-1(7), PUNE, PUNE
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Income Tax Appellate Tribunal, SMC BENCH, PUNE
Before: SHRI R.S. SYAL
PER R.S. SYAL, VP:
This appeal by the assessee arises out of the ex parte order dated
09-10-2023 passed by the ld. CIT(A) in National Faceless Appeal
Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961
(hereinafter also called ‘the Act’) in relation to the assessment year
2017-18.
The only issue raised in this appeal is against the confirmation of
addition of Rs.14,42,000/- made by the Assessing Officer (AO)
u/s.69A of the Act towards cash deposit in bank accounts.
2 ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe
Briefly stated, the facts of the case are that the assessee retired
from Maharashtra State Electricity Board on 31-08-2003, where he
was working as an Establishment Officer. During the demonetization
period relevant to the assessment year under consideration, the
assessee made certain cash deposits totaling to Rs.14,42,000/- in six
accounts maintained in banks and cooperative societies. On being
called upon to explain the source of deposit, the assessee submitted
the same to be arising from his retirement benefits. Not convinced,
the AO refused to accept the same because there was a difference of
approximately thirteen years in the receipt of retirement benefits and
the alleged deposits in the bank account. In the first appeal, the
assessee remained absent, which led to the passing of the ex parte
order.
I have heard the ld. DR and perused the relevant material on
record. There is no appearance from the side of assessee despite
notice. I am, therefore, proceeding to dispose of the appeal on merits
ex parte qua the assessee.
Admittedly, the assessee deposited cash of Rs.14,42,000/- in his
bank account in the previous year relevant to the assessment year
under consideration. However, the source of the same was not
properly explained. The assessee retired more than a decade ago.
3 ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe
Ground of appeal states that the assessee deposited the cash out of his
retirement benefits and also certain agricultural income. In view of
the fact that the ld. CIT(A) has passed the ex parte order, in these
peculiar facts and circumstances, I am of the considered opinion that
the interest of justice would be served if the impugned order is set
aside and the matter is remitted to the file of ld. CIT(A) for passing
the order afresh after allowing reasonable opportunity of hearing to
the assessee. I order accordingly.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 20th December, 2023.
Sd/- (R.S.SYAL) VICE PRESIDENT
पुणे Pune; �दनांक Dated : 20th December, 2023 Satish आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to: 1. अपीलाथ� / The Appellant; 2. ��यथ� / The Respondent; 3. The Pr.CIT concerned िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, 4. SMC, Pune / DR, ITAT, Pune गाड� फाईल / Guard file 5.
आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
4 ITA No. 1325/PUN/2023 Bhaula Balwantrao Tathe
Date 1. Draft dictated on 20-12-2023 Sr.PS 2. Draft placed before author 20-12-2023 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *
