SATISH MANIKRAO SAKHRE,BEED vs. COMMISSIONER OF INCOME TAX APPEALS, NATIONAL FACELESS CENTRE
What did the Tribunal hold?
The Tribunal observed that the CIT(A) did not address the merits of the case. In the interest of justice, the matter was remanded back to the CIT(A) for fresh adjudication on merits.
What were the facts?
The assessee did not file returns for AYs 2016-17 and 2017-18, leading to additions by the AO based on financial transactions. The CIT(A) dismissed the appeals ex-parte due to the assessee's non-appearance.
What were the issues?
Whether the ex-parte dismissal by the CIT(A) was justified, and if the appeals should be decided on merits after providing an opportunity of hearing.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 144,Section 144B,Section 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA
आदेश / ORDER
PER ASTHA CHANDRA, JM : Two appeals filed by the assessee are directed against the order(s) dated 20.10.2023 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [“CIT(A)”] pertaining to Assessment Years (“AYs”) 2016-17 and 2017-18.
The assessee has raised grounds in both the AYs containing therein statement of facts and arguments in support of the grounds. However, in essence the assessee has challenged the addition of Rs.2,02,62,693/- in AY 2016-17 and addition of Rs.2,06,02,253/- in AY 2017-18 made by the Ld. Assessing Officer (“AO”) which is maintained by the Ld. CIT(A) as the appellate orders have been passed ex-parte for non-appearance of the assessee during the appellate proceedings.
Briefly stated, as per Income Tax System (ITS) details available with the Income Tax Department following financial transactions of the assessee were noticed:
AY 2016-17 Description of transaction (in Rs.) Cash Deposit in bank A/c 13,64,160/- Payment to contractor 18,72,45,753/- Other Interest 1,52,780/- Total 18,87,62,693/- AY 2017-18 Description of transaction (in Rs.) Cash Deposit in bank A/c Rs.73,40,810/- Payment to contractor Rs.13,25,89,432/- Cash withdrawal from current account Rs.96,60,977/-
Since the assessee had not filed returns for both the aforesaid AYs, the Ld. AO had reason to believe that under the provisions of clause (a) of Explanation 2 to section 147 of the Income Tax Act, 1961 (the “Act”) income of Rs.18,87,62,693/- in AY 2016-17 and income of Rs.13,15,89,432/- in AY 2017-18 escaped assessment. Accordingly, notices u/s. 148 dated 30.03.2021 were issued/served upon the assessee through system/ITBA portal for both the AYs. The assessment proceedings culminated in framing of assessment for AY 2016-17 on the income of Rs.2,33,22,990/- including therein addition of Rs.13,64,160/- as unexplained income u/s 69A; business income of Rs.1,87,45,753/- and income from other sources of Rs.1,52,753/-. For AY 2017-18 the Ld. AO computed total income at Rs.2,06,02,253/- including therein additions of Rs.27,45,500/- and Rs.45,96,810/- as unexplained income u/s 69A of the Act and business income of Rs.1,32,59,943/-. The assessment orders for AYs 2016-17 and 2017-18 were passed on 25.03.2022 and 23.03.2022 respectively u/s 147 r.w.s. 144 r.w.s 144B of the Act.
The assessee filed appeals for both the AYs before the Ld. CIT(A)/NFAC challenging the aforesaid additions. Despite service(s) of notice of hearing issued during the appellate proceedings there was non- compliance which resulted in ex-parte decision by the Ld. CIT(A)/NFAC dismissing the appeals of the assessee for both the AYs involved. Dissatisfied, the assessee is in appeal before the Tribunal.
We have heard Ld. Representatives of the parties and perused the records. It is submitted by the Ld. AR that the mother of Tax Consultant Mr. Rahul Parakh was very serious and expired on 16.10.2023. He could not access the e-mail during the period when notices were sent by the Ld. CIT(A)/NFAC. We, however, observe that the Ld. CIT(A) is silent on the merits of the case and the issues raised by the assessee before him.
On the facts and in the circumstances of the case, we are of the opinion that in the interest of justice and fair play the matter deserves to be sent back to the Ld. CIT(A)/NFAC for adjudicating the assessee’s appeal(s) before him for both the AYs under consideration afresh on merits. The Ld. DR had no objection. The assessee shall co-operate fully during the appellate proceedings. Accordingly, we set aside the impugned orders of the Ld. CIT(A)/NFAC and direct him to decide the appeals de-novo on merits after allowing opportunity of hearing to the parties. We order accordingly.
In the result, the appeals of the assessee for AY 2016-17 and AY 2017-18 are allowed for statistical purposes.
Order pronounced in the open court on 06th May, 2024.
Sd/- Sd/- (R.K. Panda) (Astha Chandra) JUDICIAL MEMBER VICE PRESIDENT पुणे / Pune; दिन ांक / Dated : 06th May, 2024. रदि आदेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, “बी” बेंच, 4. पुणे / DR, ITAT, “B” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. //सत्य दपि प्रदि// True Copy// आिेश नुस र / BY ORDER,
िररष्ठ दनजी सदचि / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune
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