AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2025 (11) TMI 1486
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....ient cause for not filing the appeal within the prescribed time limit. After hearing Ld. DR, we condone the delay of 38 days and proceed to adjudicate the appeal. 3. The appellant has raised the following grounds of appeal :- "Each of the grounds and/or sub-grounds of the appeal are independent and without prejudice to the others. Ground No. 1: On the facts and in the circumstances of the case, Learned Commissioner of Income Tax (Appeal) has erred addition of income of Rs. 42,11,657/- ας undisclosed salary without providing reasonable/adequate opportunity to be heard is violation of principle of natural justice The Appellant prays that the assessment order passed in violation of principle of natura....
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....ned assessing officer. The Appellant prays that the disallowance of Rs. 1,26,043/- be deleted. Ground No. 5 On the facts and in the circumstances of the case, Learned Commissioner of Income Tax (Appeal) has erred in confirming addition of Rs. 23,360/- without providing reasonable/adequate opportunity to be heard is violation of principle of natural justice by the learned assessing officer. The Appellant prays that the addition of Rs. 23,360/- be deleted. Ground No. 6 On the facts and in the circumstances of the case, Learned Assessing officer has erred in disallowing of Rs. 2,398/- without providing reasonable/adequate opportunity to be heard is violation of principle of natural justice. ....
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....ted the assessment on a total income of Rs. 43,63,458/-. The above assessed income includes an amount of Rs. 42,11,657/- as undisclosed salary and Rs. 1,49,403/- being house property loss disallowed and disallowance of Rs. 2,398/- u/s 80TTA of the IT Act. 5. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee. 6. It is the above order against which the assessee is in appeal before this Tribunal. 7. Ld. AR appearing from side of the assessee submitted before us that the order passed by Ld. CIT(A)/NFAC is unjustified. Ld. AR submitted that an identical issue came up before the coordinate bench of this Tribunal in the case of Mahadev Vasant Dhangekar vs. ACIT in ITA No.472/PUN/2022 orde....
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....e amount u/s 17(3)(iii) of the Act by treating it as additional compensation received by the assessee from his employer as profit in lieu of salary u/s 17(3)(iii) of the Act. Section 17(3)(iii) of the Act provides as follows: "17. For the purposes of sections 15 and 16 of this section (1) - - - - - - - - (3) "profits in lieu of salary" includes - - - - - - - - - (iii) any amount due to or received, whether in lump sum or otherwise, by any assessee from any person (A) before his joining any employment with that person or (B) after cessation of his employment with that person. Therefore, as per the aforesaid provision, it is clearly evident that any payment received wheth....
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....However, in this case, the letter which has been issued by the employer clearly stated that the payment of the amount has been made voluntarily to the assessee and is not the compensation. This letter has not been doubted by the department. Neither, the ld. A.O nor the NFAC conducted any independent inquiry regarding the veracity of this letter and none of the authorities have held this letter issued by the employer to the assessee as bogus. Without establishing the letter as non-genuine or without examining the sanctity of the payment made simply invoking the provisions of the Act for making addition is not appropriate for a quasi-judicial authority. The revenue should have verified and examined the genuineness of the letter which was prod....
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....inate bench of this Tribunal in the case of Mahadev Vasant Dhangekar (supra) after providing reasonable opportunity of hearing to the assessee. Thus, the grounds no.1, 2 & 3 raised by the assessee in this regard are allowed for statistical purposes. 12. With regard to ground no. 4, 5 & 6 involving the issue of house property loss and deduction u/s 80 TTA of the IT Act, we remit the matter back to the file of the Assessing Officer to decide the issue afresh after providing reasonable opportunity of hearing to the assessee. Accordingly, ground no.4, 5 & 6 are allowed for statistical purposes. 13. The ground no.7 challenging the initiation of penalty u/s 270A of the IT Act is premature hence dismissed. 14. In the result, the appeal fi....