RAMESHWARI AGRO SERVICES PRIVATE LIMITED,AURANGABAD V. INCOME TAX DEPARTMENT, NFAC, DELHI

ITA 188/PAT/2025

AI Insights

The case involves appeals by Rameshwari Agro Services Pvt. Ltd. against orders passed by the NFAC (CIT(A)) for the Assessment Years 2017-18 and 2018-19, which were based on the assessee's failure to file income returns and the subsequent reassessment under Section 147 of the Income-tax Act, 1961. The Tribunal found that the CIT(A) had passed the orders ex parte without proper examination of materials or effective opportunity of hearing for the assessee. Consequently, the Tribunal condoned the delay in filing the appeals and decided to remand the matter back to the CIT(A) for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 711819 (ITAT-PATNA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2018-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Reassessment proceedings
• Section: 147; 148

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA BENCH, PATNA VIRTUAL HEARING AT KOLKATA Before Shri Sonjoy Sarma, Judicial Member and Shri Rakesh Mishra, Accountant Member I.T.A. Nos.187&188/Pat/2025 Assessment Year: 2017-18 & 2018-19 Rameshwari Agro Services Pvt. Ltd.…..…………………....Appellant C/o Lakshman Prasad and Kamlesh Kr. Yadav (Directors), Jai Gurudev Automobile, Gaya Road, Daudnagar, Aurangabad, Bihar-824113. [PAN: AAHCR9701K] vs. NFAC, Delhi…………………….……….…............................…..…..... Respondent Appearances by: Shri Abhi Sarkar, Advocate, appeared on behalf of the appellant. Shri Ashwani Kr. Singal, JCIT, appeared on behalf of the Respondent. Date of concluding the hearing : July 23, 2025 Date of pronouncing the order : July 24, 2025 आदेश / ORDER Per Sonjoy Sarma, Judicial Member: The captioned appeals have been filed by the assessee against separate orders dated 29.07.24 & 31.07.24 passed by the NFAC [\"CIT(A)\"]. Since the issues involved in ITA Nos.187 & 188/Patna/2025 for the Assessment Years 2017-18 and 2018-19 are identical except for figures and assessment years, both appeals are heard together and are being disposed of by this common order. For the sake of convenience, the facts are first taken from ITA No.187/Patna/2025. 2. ITA No. 187/Patna/ 2025 - A.Y. 2017-18 - Brief facts of the case are that the assessee did not file its return of income for the assessment Printed from counselvise.com I.T.A. Nos.187&188/Pat/2025 Rameshwari Agro Services Pvt. Ltd 2 year 2017-18. Based on information received from the Insight portal of the Income Tax Department, it was found that the assessee-company had deposited a sum of Rs.51,71,450 in its Andhra Bank accounts during the relevant financial year. In view of the above facts, proceedings under Section 147 of the Income-tax Act, 1961 (\"the Act\") were initiated and notice under Section 148 was issued. The assessee partially complied and filed a return claiming a loss of Rs.388,487, but the same was held to be invalid by the Assessing Officer. During the reassessment proceedings, the assessee failed to furnish relevant bank statements for the relevant financial year, i.e, 01.04.2016 to 31.03.2017, though details for unrelated years were filed. A balance sheet and profit & loss account for the year ending 31.03.2017 were also filed. In absence of verifiable evidence and explanation, the Assessing Officer completed the reassessment under Section 147 read with Section 144, by treating the entire deposit of Rs.5,17,1450 as unexplained money under Section 69A of the Act and added the same to the total income of the assessee 3. Aggrieved, the assessee filed an appeal before the ld. CIT(A), but failed to comply with notices on several dates Consequently, the ld. CIT(A) passed an ex parte order, upholding the assessment made by the Assessing Officer. 4. Dissatisfied with the above order, the assessee has filed this appeal before this Tribunal with a delay of 198 days, accompanied by a petition explaining the reasons for the delay. After considering the contents of the delay condonation petition and in the interest of justice, we condone the delay and proceed to decide the appeal on merits 5. During the course of hearing the learned AR submitted that the ld. CITA) passed the order ex parte without properly examining the Printed from counselvise.com I.T.A. Nos.187&188/Pat/2025 Rameshwari Agro Services Pvt. Ltd 3 materials on record or affording effective opportunity of hearing. He therefore prayed that one more opportunity be granted to the assessee to represent its case before the lower authority. 6. On the other hand, the learned DR, however, opposed the prayer, contending that the assessee is a habitual defaulter and failed to comply even during reassessment and appellate proceedings 7. We have heard rivel submission of parties and perused the records. On facts, we find that the ld. CIT(A) passed the impugned order ex parte, and the assessee has not been able to contest its case before the lower authorities. In the interest of justice, we are of the view that the assessee should be provided one more opportunity to present its case. Accordingly, we restore the matter back to the file of the ld. CIT(A) with a direction to re-adjudicate the appeal after giving due opportunity to the assessee. 8. ITA No. 188/Patna/2025- A.Y. 2018-19 - Brief facts in ITA No. 188/Patna/2025 are similar and arise out of identical circumstances for the assessment year 2018-19. Therefore, our findings and directions in ITA No.187/Patna/2025 shall apply mutatis mutandis to this appeal as well. 9. In the result, both appeals of the assessee are allowed for statistical purposes. Kolkata, the 24th July, 2025. Sd/- Sd/- [Rakesh Mishra] [Sonjoy Sarma] लेखा सदèय/Accountant Member ÛयाǓयक सदèय/Judicial Member Dated: 24.07.2025. Printed from counselvise.com I.T.A. Nos.187&188/Pat/2025 Rameshwari Agro Services Pvt. Ltd 4 Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3.CIT (A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches Printed from counselvise.com "