ASHISH MURLIDHAR GAIKWAD,PUNE vs. THE INCOME TAX OFFICER, WARD-7(3), PUNE
आयकर अपीलीय अिधकरण ”ए” Ɋायपीठ पुणेमŐ।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “A” :: PUNE
BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER
आयकर अपील सं. / ITA No.2077/PUN/2024
िनधाᭅरण वषᭅ / Assessment Year: 2014-15
Ashish Murlidhar Gaikwad,
33A, Carnation Geras Greens
Vilee, Carnation Geras Greens
Vilee, Pune – 411014. V s
The Income Tax Officer,
Ward-7(3), Pune.
PAN: ABEPG3210D
Appellant/ Assessee
Respondent / Revenue
Assessee by Smt. Deepa Khare – AR
Revenue by Shri Ramnath P Murkunde - DR
Date of hearing
22/04/2025
Date of pronouncement 24/04/2025
आदेश/ ORDER
PER DR. DIPAK P. RIPOTE, AM:
This appeal filed by the assessee is against the order of ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961, dated 05.09.2023 for ITA No.2077/PUN/2024 [A]
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Assessment Year 2014-15. The assessee has raised the following grounds of appeal :
“1. The learned CIT(A) erred in law and on facts in confirming disallowance of depreciation of Rs.4,13,371 without affording any opportunity of being heard or furnishing any justification.
The learned CIT(A) erred in law and on facts in treating sale of agricultural land as business income by treating the said land as Business stock in Trade
The learned CIT(A) erred in law and on facts in not appreciating that the said land being agricultural land was not capital asset u/s 2(14) and did not give rise to taxable income.
The appellant craves leave to add, alter, modify or substitute any ground of appeal at the time of hearing.”
Submission of ld.AR :
Ld.AR submitted that ld.CIT(A) has not considered the submission filed by assessee. Ld.AR explained that assessee had filed Form No.35 before ld.CIT(A), Pune. Assessee filed letter dated 05.01.2018 along with the documents mentioned in it before ld.CIT(A). Assessee has filed copy of the acknowledgment to demonstrate the same. Assessee had filed following documents before the ld.CIT(A) :
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Ledger of Agricultural Land
Details of Capital gains computation
Investment A/C
Balance Sheet & Profit and Loss account with Computation of Income for A.Y.2014-15
Certificate of Gram-panchayat
Confirmation of Sugar cone
Bank Statement of PDCC Bank
7/12 Extracts
Confirmation of sale sugar – come with 7/12 extracts
Sale Deeds
Purchase Deeds
Computation of Income balance sheet & Profit & Loss Account for A.Y.2012-13
Ld.AR submitted that however ld.CIT(A) has not considered any of the above documents and erred in stating that no details were filed. Submission of ld.DR :
Ld.Departmental Representative for the Revenue relied on the order of the Assessing Officer.
Findings & Analysis :
We have heard both the parties and perused the records. In this case, ld.CIT(A)[NFAC] in the order dated 05.09.2023 noted that four notices dated 27.12.2020, 24.08.2021, 07.01.2022 and 02.11.2022 were served on assessee, but Assessee has not filed any details. Therefore, ld.CIT(A) decided the case based on facts
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available on record. However, during the hearing before us, ld.Counsel submitted copy of the Acknowledgment having Stamp of Commissioner of Income Tax (Appeals)-8, Pune dated 09.01.2018
to demonstrate that Assessee had filed a paper book containing 217
pages.
1 Initially, the appeal was filed in the physical form with ld.CIT(A), Pune. However, it seems that said appeal was migrated to NFAC. However, it seems that the documents filed before ld.CIT(A) in physical form were not uploaded. In these facts and circumstances of the case, we deem it appropriate to set-aside the order of ld.CIT(A) to ld.CIT(A) for denovo adjudication after providing opportunity to the assessee. Assessee shall file all necessary documents again. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.
In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open Court on 24th April, 2025. (VINAY BHAMORE) ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 24th April, 2025/ SGR
ITA No.2077/PUN/2024 [A]
आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to :
1. अपीलाथᱮ / The Appellant.
2. ᮧ᭜यथᱮ / The Respondent.
3. The CIT(A), concerned.
4. The Pr. CIT, concerned.
5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR,
ITAT, “A” Bench, Pune.
गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.