SAINATH SAKHARAM TARE,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, THANE, THANE

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ITA 3681/MUM/2024Status: DisposedITAT Mumbai02 December 2024AY 2014-15Bench: SHRI NARENDER KUMAR CHOUDHRY (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that while the assessee may not have fully explained its case before the CIT(A), the fact remained that the assessee was not heard before the impugned order was passed. Therefore, the Tribunal decided to remand the matter back to the CIT(A).

What were the facts?

A search and seizure action was conducted on the Antariksh Group, which engaged the assessee for contractual services. During the search, documents related to the assessee were seized, leading the Assessing Officer (AO) to assess the assessee's income under section 153A r.w.s. 153C of the Income Tax Act. The AO questioned cash receipts and later initiated penalty proceedings under section 271 DA for contravention of section 269 ST.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without granting sufficient opportunity of hearing to the assessee, and whether the action of the AO in assessing income and levying penalty was valid.

Which sections of the Income-tax Act were involved?

Section 153A,Section 153C,Section 143(3),Section 271 DA,Section 269 ST,Section 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

For Appellant: Shri Dr. Kishor Dhule, CIT D.R.& Smt. Sujatha

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] vide DIN & Order No. ITBA/APL/S/250/2024-25/1065032178(1) Dated 21/05/2024 for the Assessment Year 2014-15.

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