SHRIKRUSHNA GRAMIN BIGARSHETI SAHAKARI PATSANSTHA MARYADIT,PUNE V. ITO WARD 10(1), PUNE

ITA 454/PUN/2025

AI Insights

The case involves Shrikrushna Gramin Bigarsheti Sahakari Patsanstha Maryadit, a cooperative society, which appealed against the order of the Ld. CIT(A) / NFAC concerning the assessment year 2020-21. The primary contention was the ex-parte order confirming additions made by the Assessing Officer under sections 68 and 80P of the Income Tax Act, 1961. The society had initially filed a return declaring nil income after claiming a deduction under section 80P, which was scrutinized under the E-assessment Scheme, 2019. The Assessing Officer made significant additions to the income due to non-responses to notices, leading to the appeal's dismissal by the Ld. CIT(A) / NFAC. The Tribunal, considering the circumstances, decided to remand the case back to the Ld. CIT(A) for a fresh assessment, emphasizing the need for the assessee to comply with procedural requirements.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 705970 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2020-2021
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHILESH SRIVASTVA
• Assessee Lawyers: ABHAY A AVCHAT
• Keywords: Opportunity of being heard
• Section: 144; 143(3); 142(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.454/PUN/2025 Assessment year : 2020-21 Shrikrushna Gramin Bigarsheti Sahakari Patsanstha Maryadit Vadgaon Kashimbeg, Ambegaon, Pune – 410503 Vs. ITO, Ward 10(1), Pune PAN: AADAS4001K (Appellant) (Respondent) Assessee by : Shri Abhay A Avchat Department by : Shri Akhilesh Srivastva, Addl.CIT Date of hearing : 01-07-2025 Date of pronouncement : 03-07-2025 O R D E R PER R.K. PANDA, VP: This appeal filed by the assessee is directed against the order dated 10.09.2024 of the Ld. CIT(A) / NFAC, relating to assessment year 2020-21. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the ex-parte order of the Ld. CIT(A) / NFAC in confirming the additions made by the Assessing Officer in the order passed u/s 143(3) r.w.s. 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 3. Facts of the case, in brief, are that the assessee is a co-operative society and filed its return of income on 05.01.2021 declaring total income of Rs.Nil after 2 ITA No.454/PUN/2025 claiming deduction u/s 80P of Rs.40,29,952/-. The case was selected for complete scrutiny assessment under the E-assessment Scheme, 2019 on the following issues: (i) High Creditors / liabilities (ii) Investments/Advances/Loans (iii) Deduction from Total Income under Chapter VI-A 4. Accordingly statutory notice u/s 142(1) of the Act was issued and served on the assessee. Since the assessee did not respond to the said notice, the Assessing Officer issued a show cause notice u/s 144 of the Act. Since the assessee did not respond to the first show cause notice, the Assessing Officer issued another show cause notice to the assessee. In response to the second show cause notice, the assessee filed part reply. Thereafter another notice u/s 142(1) of the Act was issued and served on the assessee on 23.08.2022. The Assessing Officer completed the assessment on 20.09.2022 determining the total income at Rs.4,84,83,342/- by making addition of Rs.4,44,53,390/- u/s 68 of the Act and Rs.63,45,939/- u/s 80P of the Act. 5. Since the assessee did not file any submission except statement of facts before the Ld. CIT(A) / NFAC despite number of opportunities granted, the Ld. CIT(A) / NFAC dismissed the appeal filed by the assessee. 6. Aggrieved with such order of the Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal. 3 ITA No.454/PUN/2025 7. The Ld. Counsel for the assessee submitted that in the interest of justice, the assessee should be given an opportunity to substantiate its case by filing the requisite details before the Ld. CIT(A) / NFAC. 8. The Ld. DR on the other hand heavily opposed the arguments advanced by the Ld. Counsel for the assessee and submitted that despite number of opportunities granted the assessee never bothered to make any submission before the Ld. CIT(A) / NFAC. He accordingly submitted that the order of the Ld. CIT(A) / NFAC dismissing the appeal filed by the assessee should be upheld and the grounds raised by the assessee be dismissed. 9. We have heard the rival arguments made by both the sides, perused the orders of the Assessing Officer and Ld. CIT(A) / NFAC. It is an admitted fact that despite number of opportunities granted the assessee did not make any submission for which the Ld. CIT(A) / NFAC dismissed the appeal filed by the assessee. It is the submission of the Ld. Counsel for the assessee that given an opportunity, the assessee is in a position to substantiate its case by filing the requisite details before the Ld. CIT(A) / NFAC. Considering the totality of the facts of the case and in the interest of justice and without going into the merits of the appeal, we deem it proper to restore the issue to the file of the Ld. CIT(A) / NFAC with a direction to decide the issue after giving due opportunity of being heard to the assessee as per fact and law. The assessee is also hereby directed to appear before the Ld. CIT(A)/ NFAC on the appointed date and make his submissions, if any, without seeking any adjournment under any pretext failing which the Ld. CIT(A) / NFAC shall be 4 ITA No.454/PUN/2025 at liberty to pass appropriate order as per law. At the same time, because of the callous attitude of the assessee in not responding to the notices issued by the office of the Ld. CIT(A)/NFAC, we levy a cost of Rs.5,000/- on the assessee which shall be deposited within one month from the receipt of this order. The Ld. CIT(A) / NFAC shall ensure that the cost has been deposited before disposal of the appeal. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes. 10. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 3rd July, 2025. Sd/- Sd/- (ASTHA CHANDRA) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; दिन ांक Dated : 3rd July, 2025 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘B’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune 5 ITA No.454/PUN/2025 S.No. Details Date Initials Designation 1 Draft dictated on 01.07.2025 Sr. PS/PS 2 Draft placed before author 02.07.2025 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order "