SHIVAJI LAXMAN SAHANE,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, NASHIK, NASHIK

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ITA 89/PUN/2023Status: DisposedITAT Pune08 June 2023AY 2012-135 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) failed to consider the assessee's submissions. Therefore, the order of the CIT(A) was set aside and remanded for fresh adjudication, directing the CIT(A) to consider the submissions and provide an opportunity to the assessee.

What were the facts?

The assessee's appeal against the CIT(A)'s ex-parte order for AY 2012-13 was considered. The CIT(A) had allegedly not considered the assessee's submissions and evidence. The Assessing Officer had made additions on account of unsecured loans and interest.

What were the issues?

Whether the CIT(A) erred in deciding the appeal ex-parte without considering the assessee's submissions and evidence. Whether additions on account of unsecured loans and interest were justified.

Which sections of the Income-tax Act were involved?

Section 68

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCHES “B” :: PUNE

Before: SHRI S.S.GODARA & DR. DIPAK P. RIPOTE

For Appellant: Shri Pramod Shingte – AR
For Respondent: Shri M.G.Jasnani - DR
Hearing: 24/04/2023Pronounced: 08/06/2023

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1.

This appeal filed by the Assessee is directed against the order of ld.Commissioner of Income Tax(Appeals)[NFAC], dated 23.11.2022 emanating from assessment order dated 20.03.2015 for A.Y.2012-13 passed under section 143(3)of the I.T.Act, 1961. The Assessee has raised the following grounds of appeal: “1. On the basis of the facts and in the circumstances of the case the order passed by CIT(A) may please be restored to the file of CIT(A).

2. On the basis of the facts and in the circumstances of the case the CIT(A) is not justified in deciding the appeal ex-parte when an Shivaji Laxman Sahane [A] application for adjournment was furnished on 21.11.2022, more particularly when written submission along with all evidences was already furnished on 16/01/2017 along with all evidences relied upon by the appellant, which is not considered by the CIT(A).

3. On the basis of facts and in the circumstances of the case as well as as per law, the additions made by the Assessing Officer of Rs. 97,78,000/- on account of unsecured loan obtained by the appellant from Mr. Rangnath Gadekar and of Rs.32,21,090/- on account of interest paid to Mr. Rangnath Gadekar, please be deleted.

4. The appellant craves for the addition to, deletion, alteration, modification of the above grounds of appeal

.” Submission of ld.Authorised Representative(ld.AR) :

2. Theld.AR of the assessee submitted that the ld.CIT(A) has not considered submission made by assessee. The ld.AR stated that assessee had made written submissions(page 1 to 8 of the paper book). However, the ld.CIT(A) has mentioned in the order that no submission was made. The ld.AR invited our attention to Ground No.1 and 2 of the assessee which is about ex-parte order passed by ld.CIT(A).

Submission of ld.Departmental Representative (Revenue) : 3. The ld.DR for the Revenue read out the assessment order. The ld.DR invited our attention to order passed by this ITAT in assessee’s own case in for A.Y. 2010-11 dated 01.08.2022. The ld.DR submitted that ITAT has categorically held that the loans were not genuine and therefore confirmed the 2 Shivaji Laxman Sahane [A] additions made by the Assessing Officer under section 68 of the amount claimed to be received from Ranganath Dattatreya Gadekar. The ld.DR further submitted that identical facts are involved in A.Y.2012-13. In A.Y.2012-13, the Assessing Officer(AO) has made an addition of Rs.97,78,000/- under section 68 of the impugned loan claimed to have been received from Ranganath Dattatreya Gadekar. Therefore, the ld.DR stated that this is a covered case and addition needs to be confirmed.

Findings and Analysis : 3. We have heard both the parties and perused the records. On perusal of the ld.CIT(A)’s order, it is observed that ld.CIT(A) has not discussed the submissions made by assessee. In para 3.1 of the ld.CIT(A)’s order, it is mentioned that assessee has not submitted any evidence during appellate proceedings. However, before us, it was pleaded that assessee had made submissions before the ld.CIT(A). Page 1 to 8 of the paper book was the submission made by the assessee before ld.CIT(A) and it has stamp of Commissioner of Income Tax(Appeal)-II, Nashik dated 16.01.2017. Thus, it seems that assessee had made submission before the ld.CIT(A). We are aware of the fact that ITAT Pune in assessee’s own case for A.Y.2010-11 has confirmed the addition made by the Assessing Officer under section 68 of the impugned loan claimed to be obtained 3 Shivaji Laxman Sahane [A] from Ranganath Dattatreya Gadekar. However, it is also a fact that ld.CIT(A) failed to consider submission made by the assessee. Therefore, in the interest of justice, we set-aside the order of the ld.CIT(A) to ld.CIT(A) for denovo adjudication. The ld.CIT(A) is directed to consider the submission made by the assessee and he shall provide the appropriate opportunity to the assessee. Accordingly, Ground No.1 and 2 raised by the assessee are allowed for statistical purpose.

4.

The Ground No.3 is regarding merits of the case. Since we have set-aside the issue to ld.CIT(A) for denovo adjudication, hence, we do not adjudicate Ground No.3. Therefore, Ground No.3 is dismissed as not adjudicated.

5.

Ground No.4 is general in nature and does not need any adjudication. Accordingly, Ground No.4 is dismissed.

6.

In the result, appeal of the assessee is allowed for statistical purpose.

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