DHANESH NAMDEO SAGALE,NASHIK vs. ITO, WARD 2(1),, NASHIK
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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE
Before: SHRI INTURI RAMA RAO
आदेश / ORDER
PER INTURI RAMA RAO, AM:
This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 07.02.2024 for the assessment year 2016-17. 2. Briefly, the facts of the case are that the appellant is an individual deriving income under the head ‘Salary’. Return of income for the A.Y. 2016-17 was filed on 16.06.2016 disclosing total income of Rs.11,18,160/-. There was no scrutiny assessment. Subsequently, on receipt of information from ACIT, Central Circle-2, Nashik that the
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appellant had purchased immovable property during the previous year
relevant to the assessment year 2016-17 and paid on-money
consideration of Rs.10,26,002/-, reopened the assessment by issuing
notice u/s.148 on 30.03.2021. The appellant had not complied with
either with the notice u/s.148 or u/s.142(1) of the Act. In the
circumstances, the assessment came to be completed u/s.144 of the Act
making addition of Rs.10,26,002/- by holding that the appellant had
failed to explain the source for payment of on-money consideration at
the time of purchase of immovable property.
Being aggrieved, an appeal was filed before the CIT(A)/NFAC
with a delay of 140 days. The CIT(A)/NFAC without condoning the delay had dismissed the appeal in limine.
Being aggrieved, the appellant is in appeal before this Tribunal in
the present appeal.
It is submitted before me that the CIT(A)/NFAC ought to have
condoned the delay having regard to the explanation filed for
condonation of delay. It is submitted that the assessment order was only
served on whatsapp. Copy of the assessment order was neither served
through e-mail nor physically. Since the appellant was employed with
Axis bank, due to the work load, he missed the attention to file the
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appeal in time. It is, therefore, prayed that the matter be remanded to the
file of CIT(A)/NFAC for which the ld. DR has no serious objection.
Heard the rival submissions and perused the material on record.
The appellant had explained the reasons for the delay in not filing the
appeal before the CIT(A) within the prescribed time limit. The
CIT(A)/NFAC had not doubted the genuineness of the explanation nor
the CIT(A) could bring on record the exact date of service of assessment
order upon the appellant. In the said circumstances, I am of the
considered opinion that the ld. CIT(A)/NFAC ought to have condoned
the delay in filing the appeal and adjudicate the issue on merits. In the
best interest of justice, I deem it appropriate to remit the matter back to
the file of CIT(A)/NFAC with a direction to condone the delay and adjudicate the issues denovo in accordance with law after affording
reasonable opportunity of hearing to the assessee.
In the result, the appeal of the assessee is partly allowed for
statistical purpose. Order pronounced on this 25th day of April, 2024.
/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER
पुणे / Pune; �दनांक / Dated : 25th April, 2024. Satish
ITA No.470/PUN/2024
आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब�च, 4. पुणे / DR, ITAT, “SMC” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER,
// True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.
