THE NANIGIDASAN MILK PRODUCER COOPERATIVE SOCIETY LIMITED,BANASKANTHA V. THE ITO, WARD-1, PALANPUR

ITA 1309/AHD/2025

AI Insights

The case involves The Nanigidasan Milk Producer Co-operative Society Limited appealing against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, which confirmed the Assessing Officer's decision. The primary issues were the reopening of the assessment under section 147 of the Income Tax Act and the addition of Rs. 88,42,640 under section 69A of the Act, attributed to unexplained cash deposits. The assessee failed to provide necessary documents and explanations at both the appellate and assessment stages, leading to the dismissal of their initial appeal. The Income Tax Appellate Tribunal (ITAT) decided to remand the case for a de novo assessment, providing the assessee another opportunity to present their case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 793551 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 11-06-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHIJIT
• Assessee Lawyers: TEJ SHAH
• Keywords: Corroborative evidences

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No.1309/Ahd/2025 (Assessment Year: 2015-16) The Nanigidasan Milk Producer Co-operative Society Limited, Manidasan, Vadgam, Banaskantha-385421. Gujarat. [PAN :AAAJT0239 J] Vs. The Income Tax Officer, Ward-1, Palanpur. (Appellant) .. (Respondent) Appellant by : Shri Tej Shah, AR Respondent by: Shri Abhijit, Sr DR Date of Hearing 22.09.2025 Date of Pronouncement 23.09.2025 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned This appeal is filed by the Assessee against the appellate order dated 28.11.2023 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2015-16. Printed from counselvise.com ITA No. 1309/Ahd/2025 The Nanigidasan Milk Producer Co-operative Soc. Ltd. Vs. ITO Asst. Year : 2015-16 - 2– 2. The assessee has raised the following grounds of appeal: 1. That the Ld. CIT(A) erred in law and in the facts of the case in confirming the order of the AO in reopening assessment u/s.147 of the Act. 2. That the Ld. CIT(A) erred in law and in the facts of the case in confirming the order of the AO in making addition of Rs.88,42,640/- u/s.69A of the Act. 3. On going through the record, we find that notices under section 250 of the Act were issued on 01.06.2023, 07.06.2023, 15.06.2023, 05.07.2023, and 09.08.2023, requesting the assessee to furnish requisite details/clarifications/explanations regarding the source of cash deposits. In pursuance thereof, the assessee failed to submit any submissions/documents. Accordingly, the Ld. CIT(A) confirmed the action of the Assessing Officer, and the appeal of the assessee was dismissed. We also find that the assessee even failed to submit any details/supporting evidence to prove the source of the cash deposits before the Assessing Officer. The Ld. Counsel for the assessee prayed that, given an opportunity, all the details/clarifications/explanations would be furnished before the revenue authorities. Hence, in the interest of justice, the matter is remanded to the Assessing Officer for conducting the assessment de novo, and a cost of Rs. 5,000/- is imposed on the assessee. The said amount shall be deposited into the “Prime Minister’s Relief Fund,” and the receipt thereof shall be submitted before the JAO, who shall take it on record before passing the order giving effect to the order of the ITAT. The assessee is directed to submit all relevant bank statements/submissions/documents before the Printed from counselvise.com ITA No. 1309/Ahd/2025 The Nanigidasan Milk Producer Co-operative Soc. Ltd. Vs. ITO Asst. Year : 2015-16 - 3– Assessing Officer and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. 4. In the result, the appeal filed by the assessee is allowed for statistical purposes. The order is pronounced in the open Court on 23.09.2025. Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT ((True Copy) Ahmedabad; Dated 23.09.2025 MV आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad Printed from counselvise.com "