Income Tax Appellate Tribunal - Pune
Mahadev Subhash Bhatt,, Navi Mumbai vs Income-Tax Officer, Ward - 1,, Panvel on 15 January, 2019
आयकर अपीऱीय अधिकरण "एक-सदस्य मामऱा" न्यायपीठ पण
ु े में ।
IN THE INCOME TAX APPELLATE TRIBUNAL "SMC" BENCH, PUNE
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
AND SHRI VIKAS AWASTHY, JM
आयकर अपीऱ सं. / ITA No.1104/PUN/2018
नििाारण वषा / Assessment Year : 2009-10
Mahadev Subhash Bhatt
B 201, Vasundhara CHS,
Sector 8, Kharghar,
Navi Mumbai - 410210
PAN : ADWPB2065R
.......अऩीऱाथी / Appellant
बिाम / V/s.
Income Tax Officer,
Ward -1, Panvel
......प्रत्यथी / Respondent
Assessee by : in person
Revenue by : Shri Rajesh Gawali
सुनवाई की तारीख / Date of Hearing : 09-01-2019
घोषणा की तारीख / Date of Pronouncement : 15-01-2019
आदे श / ORDER
PER VIKAS AWASTHY, JM :
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-2, Pune dated 05-12-2017 for the assessment year 2009-10.
2ITA No.1104/PUN/2018,
A.Y. 2009-10
2. Shri Mahadev Subhash Bhatt, assessee appearing in person submitted that the addition has been made by the Assessing Officer on the ground that the assessee has failed to furnish documentary evidence to show genuineness of agricultural activities carried out by the assessee. The assessee has all the relevant documents in his possession to prove that the agricultural activities were in fact carried out. The Commissioner of Income Tax (Appeals) confirmed the finding of the Assessing Officer.
3. On the other hand, Shri Rajesh Gawali representing the Department vehemently defended the impugned order of Commissioner of Income Tax (Appeals). The ld. DR submitted that the assessee has failed to substantiate before the Assessing Officer, as well as, the Commissioner of Income Tax (Appeals) genuineness of agricultural activities undertaken and the income arising therefrom.
4. Both sides heard. Orders of authorities below perused. The solitary issue raised in the appeal is against the addition of ₹ 25 lakhs u/s 69A of the Income Tax Act, 1961 (hereinafter referred to as „the Act‟). The contention of assessee is that the cash amount ₹ 15,00,000/- was deposited in the bank from income from agriculture operations. The assessee has contended that he has necessary relevant documents to prove genuineness of agricultural activities carried out and the income earned therefrom. Taking into consideration the entire facts, we are of the considered view that the issue needs re-visit to the file of Assessing Officer. The assessee is directed to furnish all the relevant documents in his possession to show that the agricultural activities were in fact carried out 3 ITA No.1104/PUN/2018, A.Y. 2009-10 by the assessee and the income earned therefrom was deposited in the bank account. The Assessing Officer while deciding the issue de novo shall grant reasonable opportunity of hearing to the assessee and shall also consider the documents furnished by the assessee in support of his contentions, in accordance with law. The appeal of assessee is allowed for statistical purpose on the terms aforesaid.
5. In the result, the appeal of assessee is allowed for statistical purposes.
Order pronounced on Tuesday , the 15th day of January, 2019.
Sd/- Sd/-
(R.S. Syal) (Vikas Awasthy)
VICE PRESIDENT JUDICIAL MEMBER
ऩुणे / Pune; ददनाांक / Dated : 15th January, 2019 GCVSR आदे श की प्रनिलऱपप अग्रेपषि / Copy of the Order forwarded to :
1. अऩीऱाथी / The Appellant.
2. प्रत्यथी / The Respondent.
3. आयकर आयुक्त (अऩीऱ) / The CIT(A)-2, Pune
4. The Pr. Commissioner of Income Tax-2, Thane
5. ववभागीय प्रतततनधध, आयकर अऩीऱीय अधधकरण, "एक-सदस्य मामऱा" बेंच, ऩुणे / DR, ITAT, "SMC" Bench, Pune.
6. गार्ड फ़ाइऱ / Guard File.
//सत्या आदे शानुसार / BY ORDER,
//सत्यावऩत प्रतत // True Copy//
वररष्ठ तनजी सधचव / Sr. Private Secretary
आयकर अऩीऱीय अधधकरण ,ऩुणे / ITAT, Pune