INCOME TAX OFFICER, WARD-7(3), PUNE, BODHI TOWER vs. IRANNA BHUJANG NADGAM, THITE VASTI

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ITA 42/PUN/2024Status: DisposedITAT Pune22 May 2024AY 2018-19Bench: SHRI R. K. PANDA (Vice President), MS ASTHA CHANDRA (Judicial Member)8 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) should have called for a remand report from the Assessing Officer before deleting the addition, especially since the assessment was ex-parte. The matter was restored to the CIT(A) for fresh adjudication.

What were the facts?

The Assessing Officer made an addition of Rs. 28,37,83,357/- on account of unexplained cash deposits in the assessee's bank account. The CIT(A) deleted this addition, holding the assessee's explanation regarding cash sales tenable.

What were the issues?

Whether the CIT(A) erred in deleting the addition without obtaining a remand report from the AO, and whether the penalty levied was justified.

Which sections of the Income-tax Act were involved?

Section 69,Section 271AAC(1),Section 144,Section 143(2),Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI R. K. PANDA & MS ASTHA CHANDRA

For Respondent: Shri Keyur Patel, CIT-DR

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, „A‟ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune

S.No. Details Date Initials Designation 1 Draft dictated on 22.05.2024 Sr. PS/PS 2 Draft placed before author 22.05.2024 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 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 Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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