SAINATH SAKHARAM TARE,THANE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, CENTRAL RANGE, THANE, THANE
Facts
A search and seizure operation was conducted on Antariksh Group, a construction company, and the assessee, who provided contractual services, was found to have received cash amounting to Rs. 1,96,38,351/-. The assessee initially admitted receiving cash but later retracted their statement. The Assessing Officer (AO) imposed a penalty under section 271DA for contravening section 269ST.
Held
The ITAT found that the assessee was not given a reasonable opportunity of being heard by the CIT(A) before an ex-parte order was passed. Therefore, the Tribunal decided to remand the matter back to the CIT(A) to consider the submissions after affording a proper hearing.
Key Issues
Whether the CIT(A) erred in passing an ex-parte order without providing an adequate opportunity of being heard to the appellant. Whether the penalty imposed under section 271DA was justified without considering the full facts and circumstances.
Sections Cited
153A, 153C, 143(3), 271DA, 269ST, 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI RATNESH NANDAN SAHAY
IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI
BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER
ITA No. 3680/M/2024 Assessment Year: 2018-19 Sainath Sakharam Tara Assistant Commissioner Survey No. 84-10/11, of Income Tax, Central Kalyan Padgha Road, Range, Thane Sape Village, Bhiwandi, Ashar IT Park, 6th Floor, Dist. Thane – 421302. Vs. Road No. 16z, Wagle PAN: AERPT8712M Industrial Estate, Thane – 400604. (Appellant) (Respondent)
Present for : Assessee by : Shri Gaurav Kabra Revenue by : Shri Dr. Kishor Dhule, CIT D.R.& Smt. Sujatha P. Iyangar – Sr. AR.
Date of Hearing : 05. 09 .2024 Date of Pronouncement : 02 .12 . 2024
O R D E R Per : Ratnesh Nandan Sahay, Accountant Member: 1. This appeal has been filed by the appellant against the Order of the Ld. CIT (Appeals) passed u/s. 250 of the Income Tax Act [the ‘Act’ in short]
Sd/- Sd/- NARENDER KUMAR CHOUDHRY RATNESH NANDAN SAHAY JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated: 02.12.2024. Snehal C. Ayare, Stenographer
Copy to:The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench
//True Copy//
By Order
Dy/Asstt. Registrar, ITAT, Mumbai.