Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI R.S. SYAL
PER R.S.SYAL, VP : This appeal by the assessee arises out of the order passed by the CIT(A)-2, Kolhapur on 4-10-2017 in relation to the assessment year 2009-10.
There is a delay of 5 days in presenting the appeal before the Tribunal. The assessee has filed affidavit in support of the condonation of delay. I am satisfied with such reasons. As such, the delay is condoned and the appeal is admitted for hearing on merits.
2 ITA No.2936/PUN/2017 Abhijit Pramod Sardesai
The only issue raised in this appeal is against the
confirmation of addition of Rs.17,13,050/- being cash deposited
in bank account.
Briefly stated, the facts of the case are that the Assessing
Officer (AO) got information about the assessee having
deposited cash in his bank account to the tune of Rs.24,41,084/-.
In the absence of the assessee presenting his side on the issue,
the AO made an addition for the said sum. The ld. CIT(A)
allowed part relief in respect of the sources explained by the
assessee for transactions through cheque entries. That is how,
the addition got restricted to the extent of Rs.17,13,050/-
representing cash deposits in the bank account. The assessee is
aggrieved by the confirmation of addition to that extent.
I have heard both the sides and gone through the relevant
material on record. It is seen that the assessment order was
passed ex parte qua the assessee. The ld. AR submitted that an
inadequate opportunity of hearing was allowed at the assessment
stage for enabling the assessee to furnish evidence in support of
genuineness and source of bank deposits. It was, therefore,
prayed that one more opportunity be granted. No serious
3 ITA No.2936/PUN/2017 Abhijit Pramod Sardesai
objection was taken by the ld. DR. In the given circumstances
and without going into the merits of the addition, I set-aside the
impugned order to this extent and remit the matter to the file of
AO for deciding this issue afresh as per law after allowing a
reasonable opportunity of hearing to the assessee.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 03rd May, 2019.
Sd/- (R.S.SYAL) उपा�य�/ VICE PRESIDENT उपा�य� उपा�य� उपा�य�
पुणे Pune; �दनांक Dated : 03rd May, 2019 सतीश आदेश क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत / Copy of the Order is forwarded to : क� क� �ितिलिप �ितिलिप अ�ेिषत अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. आयकर आयु�(अपील) / 3. The CIT (Appeals)-2, Kolhapur 4. The Pr. CIT-2, Kolhapur िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे “SMC” / 5. DR ‘SMC’, ITAT, Pune; गाड� फाईल / Guard file. 6. // True copy // आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार आदेशानुसार
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
ITA No.2936/PUN/2017 Abhijit Pramod Sardesai
Date 1. Draft dictated on 02-05-2019 Sr.PS 2. Draft placed before author 02-05-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *