SAANDIIP SHESHRAO SAGANE,NANDED vs. INCOME TAX OFFICER WARD-3, NANDED, NANDED
What did the Tribunal hold?
The Tribunal found the additional evidence submitted by the assessee to be relevant. The matter was restored to the Assessing Officer for fresh adjudication, with the onus on the taxpayer to prove the facts.
What were the facts?
The assessee's appeal concerns an addition of Rs. 11,92,000 under section 69A read with section 115BBE for unexplained investment. The assessee claimed inability to file evidence due to communication gaps and the Covid-19 pandemic.
What were the issues?
Whether the unexplained investment addition was justified, and if additional evidence should be considered for fresh verification.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE [VIRTUAL HEARING]
Before: SHRI SATBEER SINGH GODARA
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 2 ITA.No.171/PUN/2024 Saandip Sheshrao Sagane 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.
[SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated : 27th March, 2024 Satish
3 ITA.No.171/PUN/2024 Saandip Sheshrao Sagane
More judgments on Section 69A
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