PADMAJA SUDHAKAR KHARE,PUNE vs. INCOME TAX OFFICER WARD 3(3), PUNE

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ITA 3283/PUN/2025Status: DisposedITAT Pune29 June 2026AY 2018-195 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had passed an ex-parte order based on non-compliance, but acknowledged that only one notice was issued and non-compliance might not be wanton. Therefore, the Tribunal set aside the CIT(A)'s order to provide the assessee with another opportunity to present their case.

What were the facts?

The Assessing Officer initiated reassessment proceedings based on information about the purchase of immovable property and the assessee's failure to file a return. Additions were made under sections 50C and 56(2)(x) for the difference between the sale deed value and actual consideration. The CIT(A) dismissed the assessee's appeal ex-parte due to non-compliance.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte without providing adequate opportunity, and whether the assessee should be granted a fresh hearing to present evidence.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 250,Section 148,Section 142(1),Section 50C,Section 56(2)(x)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE

Before: SHRI PAVAN KUMAR GADALE

Hearing: 29.06.2026Pronounced: 29.06.2026

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH: SMC BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER I.T.A.No.3283/PUN/2025 (Assessment Year : 2018-19) Padmaja Sudhakar Khare ITO Ward 3(3). C801 EVA CHS, Near PMT Building, Ram Rever, vs. Swargate, Siddharth Nagar, Pune-411037, Bavdhan B.O., Maharashtra. Pune-411021, Maharashtra. (Appellant) (Respondent)

For Assessee : Shri.Kishore Phadake.AR For Revenue : Shri. Manish Mehta.JCIT. Sr.DR

Date of Hearing : 29.06.2026 Date of Pronouncement : 29.06.2026

ORDER PER PAVAN KUMAR GADALE, JUDICIAL MEMBER The Assessee has filed an appeal against the ex-parte order of CIT(A)/ NFAC passed u/sec 144 r.w.s147 and u/sec 250 of the Income Tax Act. 2. At the time of hearing, the Ld.AR has not pressed ground of appeal No.1 in the appeal memo and accordingly, it is treated as withdrawn and is dismissed. The sole effective ground of appeal raised that the CIT(A) has erred in sustaining the addition made by the Assessing Officer. 3. At the time of hearing, the Ld. A.R. submitted that there is a delay of 29 days in filing the appeal before Hon'ble Tribunal and the delay was not intentional and filed an application for condo nation of delay and affidavit by the assessee. On consideration of facts and information mentioned in the application, there is a reasonable cause explained and the Ld. DR. has no specific objections. Accordingly, the delay is condoned and the appeal is admitted. 4. The brief facts of the case are that, the Assessing Officer (A.O) has received information from insight portal that the assessee has purchased the immovable property and the assessee has not filed the return of income for the A.Y. 2018- 19. The A.O has reason to believe that the income has escaped assessment and issued notice u/sec 148 of the Income Tax Act and subsequently, issued notice u/sec 142(1) of the Act. In compliance to the notice, the assessee has filed reply on various dates and explained the reasons for difference in the market value as per SRO and actual purchase consideration. Whereas the A.O was not satisfied with the explanations and invoked the provisions of section 50C and section 56(2)(x) of the Act and made addition of differential amount and assessed the total income of Rs.14,60,466/- and passed the order u/sec147 r.w.s144 of the Act dated 31.03.2023 5. Aggrieved by the order, the assessee has filed an appeal with the CIT(A).Whereas the CIT (A) has considered grounds of appeal, statement of facts, finding of the A.O and has issued notice of hearing and since there was no compliance, CIT(A) considering the information on record has confirmed the action of the AO and dismissed the assessee appeal. Aggrieved by the order of the CIT(A), the assessee has filed appeal with Hon’ble Tribunal.

6.

At the time of hearing, the Ld.AR submitted that the CIT(A) has erred in confirming the action of the AO overlooking the information filed in the assessment proceedings and the Ld.AR mentioned that the CIT(A) has issued only one notice of hearing and non-compliance of notice before the CIT(A) is not a wanton act and the assessee has a good case of merits and shall substantiate with material evidences and prayed for an opportunity before the Lower authorities. Per contra, the Ld.DR supported the order of CIT(A). 7. Heard the rival submissions and perused the material on record. Prima facie CIT(A) has passed the order considering the facts that there is no compliance in spite of providing adequate opportunity of hearing and notices were issued. Therefore, CIT(A) was of the opinion that the assessee is not interested in prosecuting the appeal and dismiss the appeal ex-parte confirming the action of the Assessing Officer. Whereas the CIT(A) has issued only one notice referred at Para5.3 of the order but there was no response. Whereas the assesse has raised grounds of appeal challenging the addition made by the A.O and there could be various reasons for non appearance/ non compliance which cannot be overruled. Therefore, considering the facts, circumstances, submissions and principles of natural justice, we shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, set aside the order of the CIT(A) and remit the disputed issue to the file of the CIT(A) to adjudicate afresh and the assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early disposal of appeal. And the grounds of appeal of the assesse are allowed for statistical purposes. 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 29.06.2026.

Sd/- (PAVANKUMARGADALE) JUDICIAL MEMBER Pune, Dated: 29th June 2026

Copy of the Order forwarded to:-

1.

The appellant 2. The respondent 3. The Ld. PCIT concerned. 4. D.R. ITAT, SMC Bench, Pune. 5. Guard File.

By Order //True Copy// Assistant Registrar, ITAT, Pune.

S.No Details Date Initials Designati on 1 Draft dictated on Sr. PS/PS 2 Final Draft placed before author Sr. PS/PS 3 Draft proposed & placed before the JM/AM Second Member 4 Draft discussed/approved by Second AM/AM Member 5 Approved Draft comes to the Sr. Sr. PS/PS PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Office Superintendent 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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