Tukaram Ganpat Vinode Vs ITO (ITAT Pune)
Assessee, an individual, did not file return for AY 2018-19. Based on information relating to sale of immovable property for ₹8 crores, AO reopened the case & initiated proceedings u/s 147 r.w.s 144B. In response to notice, Assessee filed return declaring ₹1,05,03,390. AO examined the long-term capital gain computation & found that Assessee claimed ₹98,40,402 as selling expenses without proper evidences. AO disallowed the claim & assessed income at ₹2,03,43,792.
Assessee challenged the addition before CIT(A). However, CIT(A) dismissed the appeal without referring to or discussing Assessee’s submissions. Tribunal observed that the impugned order was a non-speaking order & failed to comply with mandatory requirements u/s 250(6), which obligates CIT(A) to pass a reasoned order discussing issues raised.
Although Assessee did not appear before Tribunal, Tribunal held that interest of justice required restoration of matter to CIT(A). The issues on merits were remitted back for fresh adjudication with direction to pass a speaking order. Assessee was also instructed to be vigilant & not to seek unnecessary adjournments. Appeal was allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT PUNE
This appeal at the instance of the assessee is directed against the order of Ld. CIT(A) NFAC, Delhi dated 25.08.2025 framed u/s 250 of the Income Tax Act, 1961 for A.Y. 2018-19 which is arising out of order passed u/s 147 r.w.s. 144B of the Act dated 12.01.2024.
