JAGDAMBA GRAMIN BIGARSHETI SAHAKARI PATSANSTHA MARYADIT,A/P- DEVIBHOYRE TAL-PARNER V. ITO WARD 2 AHMEDNAGAR, AHMEDNAGAR

ITA 1650/PUN/2024

AI Insights

The case involves Jagdamba Gramin Bigarsheti Sahakari Patsanstha Maryadit, a cooperative society, which did not file a return of income despite significant cash deposits in banks. The Income Tax Department reopened the case under section 147 of the IT Act, issued notices, and completed the assessment ex-parte under sections 147, 144, and 144B, adding substantial amounts as unexplained money and income from other sources. The CIT(A)/NFAC dismissed the appeal for want of prosecution, leading to the society's appeal to the Income Tax Appellate Tribunal. The Tribunal noted a similar case for the subsequent assessment year where it had set aside an ex-parte order and remanded the matter, deciding to follow the same approach for the current assessment year.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772144 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2015-2016
• Other Referred Cases: ITA No.1686/PUN/2024
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AMOL KHAIRNAR
• Assessee Lawyers: PRASAD R. KULKARNI
• Keywords: Set aside; Reasonable cause
• Section: 147; 148; 144; 142(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1650/PUN/2024 िनधाŊरण वषŊ / Assessment Year : 2015-16 Jagdamba Gramin Bigarsheti Sahakari Patsanstha Maryadit, A/p- Devibhoyre, Tal- Parner, Parner, Ahmednagar- 414302. PAN : AABTJ0944P Vs. ITO, Ward-2, Ahmednagar. Appellant Respondent आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 04.06.2024 passed by Ld. CIT(A)/NFAC for the assessment year 2015-16. 2. Facts of the case, in brief, are that the assessee is a cooperative society registered under Maharashtra State Co-operative Societies Act. As per information available with the Department the assessee had deposited cash of Rs.1,25,61,000/- in banks and also made time deposits of Rs.74,31,120/-, however no return of income was furnished by the assessee society. Assessee by : Shri Prasad R. Kulkarni Revenue by : Shri Amol Khairnar Date of hearing : 21.08.2025 Date of pronouncement : 26.08.2025 Printed from counselvise.com ITA No.1650/PUN/2024 2 Accordingly, the case of the assessee was reopened u/s 147 of the IT Act and after following due procedure notice u/s 148 of the IT Act was issued to the assessee. Subsequently, notice u/s 142(1) of the IT Act was issued to the assessee. In the absence of any reply, the Assessing Officer completed the assessment u/s 147 r.w.s. 144 r.w.s. 144B of the IT Act by determining total income at Rs.1,53,19,882/-. The above assessed income includes addition of Rs.1,47,37,700/- as unexplained money u/s 69A of the IT Act being deposited in bank accounts and an addition of Rs.5,82,182/- as income from other sources the interest earned from its accounts with Central Bank of India. 3. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee for want of prosecution and also confirmed the additions made by the Assessing Officer. 4. It is this order against which the assessee is in appeal before this Tribunal. 5. 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 a coordinate bench of this Tribunal in assessee’s own case for assessment year 2016-17 in ITA No.1686/PUN/2024 order dated 14.07.2025 has already set-aside the ex-parte order passed by Ld. CIT(A)/NFAC and remanded the matter back to the Printed from counselvise.com ITA No.1650/PUN/2024 3 file of Jurisdictional Assessing Officer to pass assessment order afresh as per fact and law after providing reasonable opportunity to the assessee. Accordingly, Ld. AR requested before the Bench to set-aside the impugned ex-parte order passed by Ld. CIT(A)/NFAC in this year also and further requested to remand the case back to the file of Jurisdictional Assessing Officer to pass the assessment order afresh after providing reasonable opportunity of hearing to the assessee. 6. Ld. DR appearing from side of the Revenue relied on the orders passed by the subordinate authorities and requested to confirm the same. 7. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper book and copy of decision of the Tribunal passed in the case of assessee itself. In this regard, we find that the orders for assessment years 2015-16 and 2016-17 were decided ex-parte by both the subordinate authorities, however for the assessment year 2016-17 a coordinate bench of this Tribunal in assessee’s own case for assessment year 2016-17 in ITA No.1686/PUN/2024 order dated 14.07.2025 has already set-aside the ex-parte order passed by Ld. CIT(A)/NFAC and remanded the matter back to the file of Jurisdictional Assessing Officer to pass assessment order afresh as per fact and Printed from counselvise.com ITA No.1650/PUN/2024 4 law after providing reasonable opportunity of hearing to the assessee by observing as under :- “3. We have heard the rival contentions and perused the record placed before us. We find that the assessee is a Cooperative Society and for A.Y 2016-17 cash of Rs.85,72,800/- was found to be deposited in the bank account of the assessee. Assessee did not file the return of income even after issuance of notices u/s. 148 of the Act. Ld. Assessing Officer based on the information available on record completed the assessment making addition of Rs.1,24,97,234/-. Aggrieved assessee preferred appeal before CIT(A) but again failed to respond to the notices of hearing and furnish the requisite details in respect of its grounds of appeal. Before us, Ld. Counsel for the assessee has furnished paper book running into 192 pages which includes copy of Registration of Society, Audit Report for the Financial Year 2015-16 along with Members list and Income-tax returns filed from A.Y 2018-19 onwards. From going through all these details and the contention of ld. Counsel for the assessee and in the larger interest of justice being fair to both the parties, we deem it proper to provide one more opportunity to the assessee to substantiate its case. We therefore restore all the issues raised before us to the file of ld. Jurisdictional Assessing Officer before assessee shall file all the details. After carefully examining the details, ld. JAO shall frame denovo assessment in accordance with law after affording reasonable opportunity of hearing to the assessee. Assessee is directed to provide updated email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Impugned order is set aside. The effective grounds raised by the assessee are allowed for statistical purposes. 4. In the result, appeal of the assessee is allowed for statistical purposes.” 8. Respectfully following the above decision of the Tribunal passed in assessee’s own case for assessment year 2016-17 (supra), we deem it appropriate to set-aside the impugned ex-parte order for assessment year 2015-16 passed by Ld. CIT(A)/NFAC and remand the matter to the file of Ld. Jurisdictional Assessing Officer to pass assessment order afresh as per fact and law after Printed from counselvise.com ITA No.1650/PUN/2024 5 providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by Ld. Jurisdictional Assessing Officer in this regard and produce relevant documents/evidences/submissions in this regard without taking any adjournment under any pretext, otherwise Ld. Jurisdictional Assessing Officer shall pass appropriate order as per law. Thus, the grounds of appeal filed by the assessee are partly allowed. 9. In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced on this 26th day of August, 2025. Sd/- Sd/- (R. K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 26th August, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 5. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "