YATIN RAGHUNATH WAGH,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD), WARD 1(4), NASHIK

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ITA 2541/PUN/2025Status: DisposedITAT Pune04 May 2026AY 2012-134 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had ignored material filed by the assessee and not considered additional documents. Therefore, the Tribunal set aside the CIT(A)'s order regarding sustained additions and remitted the issue back for fresh adjudication.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order which sustained additions made by the AO under sections 69 and 56(2)(x) after reassessment proceedings. The AO had made additions for purchase of immovable property, unexplained sources, and rental income, assessing total income at Rs. 92,72,783/-.

What were the issues?

The key issues were the validity of reassessment proceedings and the CIT(A)'s failure to consider the assessee's evidence and additional documents.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 250,Section 69,Section 56(2)(x),Section 148,Section 142(1),Section 151

AI-generated summary — verify with the full judgment below

Before: DR.MANISH BORAD & SHRI PAVAN KUMAR GADALE

For Respondent: Shri Vinod Pawar- Addl
Hearing: 28.04.2026Pronounced: 04.05.2026

आदेश/ ORDER PER PAVAN KUMAR GADALE, JM: The assessee has filed the appeal against the order of CIT(A) passed u/sec 147 r.w.s. 144 and u/sec250 of the Income Tax Act. The assessee has raised the grounds of appeal challenging the validity of reassessment and sustaining the addition u/sec69 and u/sec56(2)(x) of the Act by the Assessing Officer.

2.

At the time of hearing, it was brought to the knowledge of the bench that there is a delay 152 days in filing the appeal before Hon'ble Tribunal and the assesse has filed an application and affidavit for condo nation of delay. On consideration of facts and information mentioned in the

ITA No.2541/PUN/2025 Yatin Raghunath Wagh, nashik affidavit, there is a reasonable cause explained and the Ld. DR. has no specific objections. Accordingly, the delay is condoned and the appeal is admitted.

3.The brief facts of the case are that, the assessee has filed the return of income for the Assessment Year (AY) 2012-13 on 02.04.2013 disclosing a total income of Rs. 5,00,000/-. The Assessing officer got the information that assessee has received rental income and has purchased the immovable property during the financial year F.Y.2011-12 and the assessee has not disclosed in the return of income filed for the A.Y. 2012-13.The A.O has reason to believe that that the income has escaped assessment and issued notice u/sec 148 of the Act. Further notice u/sec 142(1) of the Act was issued and there was no compliance. Finally the AO considering the information available on record has invoked the provisions of Section 144 of the Act and made addition (i) purchase of immovable property of Rs. 47,20,000/-(ii) unexplained source of income of Rs.31,92,783/-(iii) differential rent as per Form.no26As and actual rent offered of Rs.5,60,000/-and (iv) rental income of Rs.3,00,000/-and assessed the total income of Rs.92,72,783/- and passed the order u/sec144 r.w.s147 of the Act dated 27.12.2018.

4.

Aggrieved by the order of the AO, the assessee has filed appeal before the CIT(A) whereas the CIT(A) has considered the grounds of appeal, statement of facts, submissions of the assessee, findings of the AO and has called for the remand report of the A.O. but sustained the action of the assessing

ITA No.2541/PUN/2025 Yatin Raghunath Wagh, nashik officer and granted relief in other grounds of appeal and partly allowed the assessee appeal.

5.

Aggrieved by the order of the CIT(A), the assessee has filed the appeal before the Honble Tribunal. At the time of hearing, non-appeared on behalf of assessee and the Ld. DR relied on the order of CIT(A).

6.

We heard the Ld. D.R. submissions and perused the material on record. The assessee has raised the grounds of appeal challenging the validity of the re assessment proceedings and obtaining of approval u/sec 151 of the Act and addition of investment in immovable property. The assesse has filed the details before the lower authorities and the CIT(A) has not considered the additional documents and information supporting the claim of the assesse. The assessee made the submissions in the proceedings Prima-facie, the CIT(A) has dealt on the findings of the AO and remand report ignoring the material filed by the assesse. Further considering the principles of natural justice, the assessee shall be provided with one more opportunity of hearing to substantiate the case along with the evidences. Accordingly, we set aside the order of the CIT(A) to the extent of additions sustained and remit the disputed issue to the file of the CIT(A) to adjudicate afresh on merits and the assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for early

ITA No.2541/PUN/2025 Yatin Raghunath Wagh, nashik disposal of appeal. And the grounds of appeal of the assessee are allowed for statistical purposes. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this day 04th of May, 2026. Sd/- Sd/- MANISH BORAD PAVAN KUMAR GADALE (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) पुणे/ Pune; ददनांक/ Dated :04th May 2026 Abhishek

आदेशकीप्र्ल्पअगे्े र/ Copy of the Order forwarded to : अपीलार्/ The Appellant. 1. प्यर्/ The Respondent. 2. 3. The Pr. CIT concerned. 4. िभागीयप्र्न्ि, आयकरअपीलीयअ्िकरण, “B” बें, पुणे/ DR, ITAT, “B” Bench, Pune. गार्फ़ाइल/ Guard File. 5. //True Copy// आदेशानुसार/ BY ORDER,

Assistant Registrar, आयकरअपीलीयअ्िकरण, पुणे/ ITAT, Pune.

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