NARAYAN GUNAJI SAWANT,SINDHUDURG vs. INCOME TAX OFFICER, WARD, KUDAL, KUDAL,MAHARASHTRA, KUDAL

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ITA 2456/PUN/2025Status: DisposedITAT Pune25 May 2026AY 2016-172 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal decided the appeal ex-parte due to the assessee's non-appearance and non-compliance. The findings of the AO and CIT(A) remained uncontroverted.

What were the facts?

The assessee failed to appear before the ITAT and had also not complied with notices from the AO and CIT(A). The case was reopened under Section 147 due to the sale of immovable property for a significant consideration.

What were the issues?

Whether the appeal can be decided ex-parte due to the assessee's non-appearance and non-compliance with statutory notices.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 142(1),Section 144,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA

For Respondent: Shri Saumya Pandey Jain

आदेश / ORDER PER ASTHA CHANDRA, JM : The appeal filed by the assessee is directed against the order dated 28.03.2025 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”/“NFAC”] pertaining to Assessment Year (“AY”) 2016-17.

2.

None appeared for and/or on behalf of the assessee when the matter was called for hearing on 21.05.2026. Even on the earlier dates fixed for hearing on 05.02.2026 and 02.04.2026 nobody represented the case of the assessee. No adjournment application on any of the occasions was filed by the assessee. Under these circumstances, we proceed to decide the appeal with the assistance of the Ld. DR and the material available on record.

3.

The case records have been perused. We find that the appeal has been filed with a delay of 148 days for which the assessee has filed an application for condonation of delay along with an affidavit citing the reasons for such delay. We find that the assessee is an individual and filed his return of income for AY 2016-17 electronically on 24.01.2017 declaring total income at Rs.6,36,630/-. Based on the information available with the Department that the assessee had sold immovable property during the Financial Year 2015-16 relevant to the AY 2016-17 for consideration of Rs.5,47,36,000/-, the case of the assessee was reopened u/s 147 of the Income Tax Act, 1961 (the “Act”) by issue of notice

2 ITA No.2456/PUN/2025, AY 2016-17

u/s 148 of the Act on 31.03.2021. As the assessee failed to comply with the said notices as well as subsequent notices u/s 142(1) and 144 of the Act, the Ld. Assessing Officer (“AO”) proceeded to complete the assessment ex-parte determining the total income of the assessee at Rs.5,53,72,630/- thereby making an addition on account of unexplained income of Rs.5,47,36,000/- to the income of Rs.6,36,630/- returned by the assessee vide his order dated 29.03.2022 passed u/s 147 r.w.s. 144 r.w.s. 144B of the Act.

4.

Since, the assessee failed to comply with the notices issued by the Ld. CIT(A)/NFAC during the appellate proceedings, the Ld. CIT(A)/NFAC also decided the assessee’s appeal ex-parte and dismissed the appeal of the assessee. Even before the Tribunal, no one has appeared for and/or on behalf of the assessee and hence, the findings of the Ld. AO and the Ld. CIT(A)/NFAC has remained uncontroverted by the assessee. Under these circumstances, we are constrained to dismiss the appeal of the assessee. The grounds raised by the assessee are dismissed.

5.

In the result, the appeal of the assessee is dismissed.

Order pronounced in the open court on 25th May, 2026.

Sd/- Sd/- (R.K. Panda) (Astha Chandra) JUDICIAL MEMBER VICE PRESIDENT पुणे / Pune; दिन ांक / Dated : 25th May, 2026. रदि Ravi Kumar Digitally signed by Ravi Kumar Date: 2026.05.27 12:41:09 +05'30' आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, 4. पुणे / DR, ITAT, “B” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. //सत्य दपि प्रदि// True Copy// आिेश नुस र / BY ORDER,

सहायक पंजीकार/ Assistant Registrar आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune

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