PARSHURAM SHANKARRAO RABHARE,HUPARI vs. ASSISTATN COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- KOLHAPUR, KOLHAPUR

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ITA 464/PUN/2023Status: DisposedITAT Pune09 June 2023AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found it just and fair to set aside the impugned order. The matter was remitted to the CIT(A) to decide the appeal afresh after providing a reasonable opportunity of hearing to the assessee.

What were the facts?

The assessee's appeal was dismissed ex parte by the CIT(A). The case was selected for scrutiny due to large agricultural income and large cash deposits during demonetization. The assessment order determined total income at Rs. 20,56,282/- against the returned income of Rs. 19,17,020/-.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex parte without providing a reasonable opportunity of hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, PUNE

Before: SHRI R.S. SYAL

For Appellant: Shri J.R. Chandekar
For Respondent: Shri Gurmel Singh

आदेश / ORDER

PER R.S. SYAL, VP:

1.

This appeal by the assessee arises out of the order ex parte dated 14-02-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.

2.

The appeal is time barred by 07 days. The assessee has filed an affidavit explaining the reasons for the delay. I am satisfied with the reasons so stated. The delay is condoned and the appeal is admitted for disposal on merits.

3.

It is seen that the assessee’s case was selected for scrutiny on account of “Large agricultural income shown in ITR and Large cash deposit during demonetization”. The assessment order in this case was passed u/s.143(3) of the Act determining total income at Rs.20,56,282/- as against the returned income at Rs.19,17,020/-.

The ld. CIT(A), dismissed the appeal of the assessee ex parte.

4.

After hearing both the sides and considering the entirety of facts and circumstances of the case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to decide the appeal afresh after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken that the assessee will render full assistance to the ld. first appellate authority in such fresh proceedings.

5.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09th June, 2023.

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