GOLDSTAR MOTORS,PUNE V. ASSESSMENT UNIT OF INCOME TAX DEPOARTMENT, PUNE

ITA 33/PUN/2025

AI Insights

The case involves Goldstar Motors, a partnership firm engaged in trading and authorized sales services for M/s. Hero Motorcorp Limited, which faced scrutiny for the Assessment Year 2018-19 due to unfiled income returns and substantial cash deposits in their bank account. The Income Tax Officer (ITO), NFAC, Delhi, framed a best judgment assessment under sections 147 and 144 of the Income Tax Act, resulting in various additions totaling Rs.1,73,04,496. The assessee's failure to appear at the hearings led to an ex-parte order from the CIT(A)/NFAC. The Tribunal, after considering the circumstances and the documents provided, decided to remit the case back to the Ld. JAO for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708435 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMNATH P. MURKUNDE
• Assessee Lawyers: GAURI MANJREKAR
• Keywords: FORM 26AS
• Section: 147; 144

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.33/PUN/2025 नधा\u000fरण वष\u000f / Assessment Year : 2018-19 Goldstar Motors, S.No.2237, Mumbai Pune Road, Phugewadi, Dapodi- 411012. PAN : AAGFG6992D Vs. ITO, NFAC, Delhi. Appellant Respondent आदेश / ORDER PER MANISH BORAD, AM: This appeal filed at the instance of assessee is directed against the order of Ld. CIT(A)/NFAC u/s 250 of the Act dated 03.12.2024 which is arising out of the assessment order u/s 147 r.w.s. 144 of the Act for Assessment Year 2018-19 framed on 11.03.2024 by the ITO, NFAC, Delhi. 2. At the outset, Ld. Counsel for the assessee submitted that due to unavoidable circumstances the assessee could neither appear Assessee by : Shri Gauri Manjrekar Revenue by : Shri Ramnath P. Murkunde Date of hearing : 24.06.2025 Date of pronouncement : 14.07.2025 ITA No.33/PUN/2025 2 before the Assessing Officer nor before Ld. CIT(A)/NFAC and, therefore, seek opportunity to restore the issue raised in the grounds of appeal to Learned Jurisdictional Assessing Officer (in short Ld. JAO) for de novo adjudication. 3. Ld. DR did not object the prayer of the assessee. 4. We have heard rival contentions and perused the records placed before us. We observe that the assessee is a partnership firm engaged in trading activities and also runs authorized sales services for M/s. Hero Motorcorp Limited. The assessee carries on the business of two-wheeler vehicles for past many years and the sale consideration received from the customers through check/cash are deposited in the bank account and then amount is transferred to M/s. Hero Motorcorp Limited. The assessee is only entitled to commission income. For assessment year 2018-19, the assessee did not file the return of income but based on the information about the cash deposit in the bank account maintained with Axis Bank, case of the assessee for A.Y. 2018-19 selected for scrutiny but assessee failed to appear on the dates of hearing resulting in framing of best judgement assessment u/s 147 r.w.s. 144 of the Act and various additions made totalling to Rs.1,73,04,496/-. ITA No.33/PUN/2025 3 5. The assessee though filed an appeal before Ld. CIT(A)/NFAC but could not pursue it and failed to appear on the given dates of hearing resulting into the impugned ex-parte order. 6. Before us, the assessee has filed the copies of profit & loss account, balance sheet and also copy of Form 26AS indicating the tax deducted at source by M/s. Hero Motorcorp Limited on the commission paid to the assessee for sale of two-wheelers vehicles and is duly supported with letter issued by Here Honda Motors Limited awarding the Hero Honda Service Centre to the assessee at Dapodi. The documents filed before us indicate that the assessee is engaged in the business of selling two-wheelers vehicles for M/s. Hero Motorcorp Limited, books of account are regularly maintained and alleged cash deposit is claimed to be the sale consideration received from the customers. 7. Under these given facts and circumstances, we deem it appropriate to remit back all the issues raised on merits to the file of Ld. JAO for de novo adjudication and then decide in accordance with law. Needless to mention here that fair and proper opportunity shall be granted to the assessee. All the grounds of appeal raised by ITA No.33/PUN/2025 4 the assessee in the instant appeal are allowed for statistical purposes. 8. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 14th day of July, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 14th July, 2025. Sujeet आदेश क\u0007 \bितिलिप अ\u000eेिषत / Copy of the Order forwarded to : 1. अपीलाथ\u0007 / The Appellant. 2. \b यथ\u0007 / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय \bितिनिध, आयकर अपीलीय अिधकरण, “A” ब\u0014च, पुणे / DR, ITAT, “A” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "