Kailash Radhakrishna Kshirsagar Vs ITO (ITAT Pune)
Survey Statement Not the Last Word: ITAT Pune Sends ₹45 L Addition Back to AO
ITAT Pune Remands ₹45.05 L Survey Addition & ₹5 L u/s 69: One Final Opportunity to Assessee
In Kailash Radhakrishna Kshirsagar vs. ITO, Ward-1, Jalna (ITA No.1175/PUN/2023, AY 2013-14; order dated 29-12-2025), the Pune Bench “A” of ITAT dealt with additions arising out of a survey u/s 133A conducted on a partnership firm where the Assessee was a partner. Based on an impounded non-judicial stamp paper and the Assessee’s statement, the AO treated ₹45,05,000 received under an agreement to sell as undisclosed business income u/s 28, and further added ₹5,00,000 as unexplained investment u/s 69. The Ld. CIT(A) upheld both additions, heavily relying on the evidentiary value of the survey statement and rejecting affidavits filed later as inadmissible additional evidence under Rule 46A.
Before the Tribunal, the Assessee contended that crucial additional evidences going to the root of the matter were not admitted by the Ld. CIT(A) and sought a remand. The Revenue opposed, arguing that such evidences were never produced earlier and were post-assessment. Considering the totality of facts and in the interest of justice, the ITAT held that the issues required fresh examination. The Tribunal set aside the matter to the file of the AO, directing grant of one final opportunity to the Assessee to substantiate the case with requisite details, with a clear caveat that no adjournment be sought. Consequently, the appeal was allowed for statistical purposes
FULL TEXT OF THE ORDER OF ITAT PUNE
