MR JAYADEEP BOKIL,PUNE vs. ITO WARD-5(2), PUNE, PUNE
Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI MANISH BORAD & SHRI S S VISWANETHRA RAVIAssessment Year : 2020-21
PER S S VISWANETHRA RAVI, JM :
This appeal filed by the assessee is directed against the order dated
27.12.2024 of the Ld. CIT(A)/NFAC, Delhi, relating to assessment year 2020-21. 2. The assessee raised the following grounds of appeal:
1)
On the facts and circumstances of the case and in law the honorable
CIT(A) erred and is not justified in confirming the addition of Rs.27,15,000/- u/s 144 without appreciating the facts of the case. The appellant hereby requests your honour to kindly delete the said addition to the income and oblige.
2)
The appellant hereby reserves the right to add, amend, alter, delete or raise any additional ground of appeal.
The Ld. Counsel for the assessee at the outset submitted that the assessee was unable to get the valuation from the Registered Valuer during the course of 2 assessment proceedings and appellate proceedings to prove that FMV of immovable property is much less than the value adopted by Stamp Valuation Authority. However, now the Registered Valuer has agreed to do the valuation of the immovable property located in a remote village which is the subject matter of the alleged addition. He, therefore, prayed that the matter may be remitted back to the file of the Assessing Officer for necessary compliance. The Ld. DR did not object for the request of the Ld. Counsel for the assessee.
Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the Assessing Officer for fresh adjudication on due consideration of valuation report to be procured by the assessee from the Registered Valuer. Needless to say, that the Assessing Officer shall provide due opportunity of being heard to the assessee. The grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court on this 28th March, 2025. (MANISH BORAD)
JUDICIAL MEMBER
पुणे Pune; दिन ांक Dated : 28th March, 2025
GCVSR
3
आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:
अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent
4. The concerned Pr.CIT, Pune DR, ITAT, ‘SMC’ Bench, Pune 5. गार्ड फाईल / Guard file.
आदेशानुसार/ BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अधिकरण ,पुणे
/ ITAT, Pune
. ,
S.No.
Details
Date
Initials
Designation
1
Draft dictated on 27.03.2025
Sr. PS/PS
2
Draft placed before author
27.03.2025
Sr. PS/PS
3
Draft proposed & placed before the Second Member
JM/AM
4
Draft discussed/approved by Second
Member
AM/AM
5
Approved Draft comes to the Sr. PS/PS
Sr. 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 Head
Clerk
10
Date on which file goes to the A.R.
11
Date of Dispatch of order