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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO
ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 07.02.2023 for the assessment year 2009-10.
At the outset, there is a delay of 41 days in filing of the present appeal. The appellant had filed the petition for condonation of the NFAC through e-mail was not noticed by the appellant, as the appellant was not habit of checking regularly the e-mails. It is prayed that the delay be condoned in view of the ratio laid down by the Hon’ble Supreme Court in the case of Collector, Land and Acquisition vs. M/s Mst. Katiji & Others, 167 ITR 471 (SC). On the other hand, ld. Sr. DR has no serious objection for condonation of delay. In the circumstances, I am satisfied that it is a fit case for condonation of delay of 41 days and proceeded to dispose of the case on merits. 3. Briefly, the facts of the case are that the appellant is an individual. The Return of Income for the assessment year 2009-10 was filed on 18.03.2010 declaring total income of Rs.4,50,638/-. Against the said return of income, the assessment was completed by the Assessing Officer vide order dated 26.12.2011 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’) after making the addition of Rs.9,00,000/- to the returned income treating the loan of Rs.9,00,000/- as unexplained cash credit u/s 68 of the Act.
Being aggrieved by the above addition, an appeal was filed before the ld. CIT(A), who vide order dated 12.10.2017 dismissed the appeal of the assessee. Against the order of the ld. CIT(A), the assessee had filed an appeal before the ITAT. The ITAT vide order dated 01.03.2019 in for A.Y. 2009-10 in assessee’s own case remanded the matter to the file of the Assessing Officer with the following directions :- “7. On hearing the ld. DR for the Revenue and considering the above additional evidences, I am of the opinion the SB account of Shri Viniyak Atterde, the creditor of the assessee, assumes from significant for deciding the issue meaningfully. Therefore, the said additional evidences are admitted and referred to the file of the Assessing Officer for deciding the issue afresh. The Assessing Officer shall examine the cash flow statement of loan account to the SB account of Shri Viniyak Atterde and if the amounts and debts are matching to the cash received by the assessee as loan, claim of the assessee, may be allowed after examining the documents, additional evidences and the submissions of the assessee in the remand proceedings. Accordingly, the issue is remanded to the file of the Assessing Officer for deciding the issue afresh after giving a reasonable opportunity of being heard to the assessee. Thus, the grounds raised by the assessee are allowed for statistical purposes.”
4. Consequent to the order of remand passed by the ITAT, the Assessing Officer passed the assessment order on 08.04.2021 u/s 143(3) r.w.s. 254 of the Act reiterating the same addition.