SAANDIIP SHESHRAO SAGANE,NANDED vs. INCOME TAX OFFICER WARD-3, NANDED, NANDED
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Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING]
Before: SHRI SATBEER SINGH GODARA
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER आयकर अपील सं. /ITA No.171/PUN/2024 �नधा�रण वष� / Assessment Year : 2017-18
Saandip Sheshrao Sagane, Income Tax Officer, Sai Niwas, Behind Tarodaker Market, Ward-3, Nanded Manik Nager, Nanded – 431 605 Maharashtra vs. PAN : BJTPS1911H (Appellant) (Respondent)
For Assessee : Shri R.R. Potdar For Revenue : Smt. Neha Deshpande
Date of Hearing : 14.03.2024 Date of Pronouncement : 27.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. :
This assessee’s appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No.ITBA/NFAC/S/250/2023-24/1058268441(1), dated 28.11.2023, involving proceedings u/s.144 of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties at length. Case file perused.
Coming to the assessee’s sold substantive ground that both the learned lower authorities herein have erred in law and on facts in making section 69A r.w.s.115BBE unexplained investment addition of Rs.11,92,000/-, learned authorized representative vehemently submitted that the assessee could not
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file the relevant evidence because of communication gaps and outbreak of
Covid-19 pandemic. He further invited my attention to the assessee’s
additional evidence(s) running into 32 pages along confirmation of the
concerned parties that the same forms relevant material going to root of the
matter which require fresh factual verification by the learned field authorities.
The Revenue could hardly dispute that the assessee’s foregoing
additional evidence(s) is indeed relevant so as to explain the source of his cash
deposits in question. Faced with this situation, I restore the assessee’s instant
sole substantive grievance back to the file of learned Assessing Officer to be
decided afresh, preferably within three effective opportunities of hearing
subject to rider that it shall be the taxpayer’s onus only to plead and prove all
facts with the relevant evidence(s) in consequential proceedings.
This assessee’s appeal is allowed for statistical purposes in above terms.
Order pronounced in the open Court on 27th March, 2024.
Sd/-
[SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated : 27th March, 2024 Satish
3 ITA.No.171/PUN/2024 Saandip Sheshrao Sagane
Copy to :
The appellant 2. The respondent 3. The Pr. CIT, Pune concerned 4. D.R. ITAT, “SMC” Bench, Pune. 5. Guard File.
/ /By Order // //True Copy //
Sr. Private Secretary, ITAT, Pune Benches, Pune.
