Income Tax Appellate Tribunal - Pune
Late Bajirao R Shirole Huf L/H And Karta ... vs Income-Tax Officer, Ward 3(1), , Pune on 28 February, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "A", PUNE
BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER
AND
SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER
आयकर अपील सं. / WTA Nos.01 to 03 /PUN/2023
िनधारण वष / Assessment Years : 2004-05 to 2006-07
Late Bajirao R. Shirole HUF Vs. ITO, Ward-3(1), Pune.
L/H and Karta Dilipkumar
Sambhajirao Shirole,
1202/2B/7, Kamal Banglow,
Shirole Road, Pune- 411004.
PAN : AAEHS7679K
Appellant Respondent
Assessee by : Shri Sharad Shah &
Shri Rohit S. Tapadiya
Revenue by : Shri Ramnath P. Murkunde
Date of hearing : 28.02.2023
Date of pronouncement : 28.02.2023
आदेश / ORDER
PER BENCH :
These are appeals filed by the assessee directed against the separate orders of ld. Commissioner of Wealth Tax (Appeals)-1, Pune ['the CWT(A)'] dated 24.02.2020 for the assessment years 2004-05 to 2006-07 respectively.2
WTA Nos.01 to 03/PUN/2023
2. Since the identical facts and common issues are involved in all the above three appeals of the assessee, we proceed to dispose of the same by this common order.
3. For the sake of convenience and clarity, the facts relevant to the appeal of the assessee in WTA No.01/PUN/2023 for the assessment year 2004-05 are stated herein. WTA No.01/PUN/2023, A.Y. 2004-05 :
4. The issue in the present appeal relates to the liabilities of wealth tax of the property situated at Plot No.298 A out of C.S. No.916 (part) of Shivaji Nagar Bhamburda, Pune. We find from the impugned order of the CWT(A) that the appellant had filed additional evidence, as set out by the CWT(A) in para 4 of the impugned order, demonstrating that the property had been leased out yielding income which had been rejected by the CWT(A) by holding that merely because the evidence sought to be produced is vital and important, cannot be reason for allowing the additional evidence.
5. We find that the reasoning of the ld. CWT(A) is untenable in the eyes of law. Therefore, we remit the matter to the file of the Assessing Officer with a direction for de novo assessment after 3 WTA Nos.01 to 03/PUN/2023 taking into consideration of the additional evidence produced before the ld. CWT(A).
6. In the result, the appeal filed by the assessee in WTA No.01/PUN/2023 for A.Y. 2004-05 stands dismissed. WTA Nos.02 & 03/PUN/2023, A.Ys. 2005-06 & 2006-07 :
7. Since the facts and issues involved in remaining two appeals of the assessee are identical, therefore, our decision in WTA No.01/PUN/2023 for A.Y. 2004-05 shall apply mutatis mutandis to the remaining two appeals of the assessee in WTA Nos.02 & 03/PUN/2023 for A.Ys. 2005-06 & 2006-07 respectively. Accordingly, the remaining two appeals of the assessee in WTA Nos.02 & 03/PUN/2023 for A.Ys. 2005-06 & 2006-07 stands dismissed.
8. To sum up, all the above three appeals of the assessee stands dismissed.
Order pronounced on this 28th day of February, 2023.
Sd/- Sd/-
(S. S. VISWANETHRA RAVI) (INTURI RAMA RAO)
JUDICIAL MEMBER ACCOUNTANT MEMBER
पुणे / Pune; दनांक / Dated : 28th February, 2023. Sujeet 4 WTA Nos.01 to 03/PUN/2023 आदेश क ितिलिप अ ेिषत / Copy of the Order forwarded to :
1. अपीलाथ / The Appellant.
2. यथ / The Respondent.
3. The CWT(A)-1, Pune
4. The Pr. CIT-2, Pune.
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, "A" बच, पुणे / DR, ITAT, "A" Bench, Pune.
6. गाड फ़ाइल / Guard File.
आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.