VIJAY MOTILAL BHANSALI,PUNE V. DCIT, CIRCLE 8, PUNE

ITA 1465/PUN/2025

AI Insights

The case involves Vijay Motilal Bhansali, the appellant, contesting an order from the National Faceless Appeal Centre (NFAC), Delhi, which was passed under section 250 of the Income-tax Act, 1961, arising from an assessment order dated 23.12.2017 under section 143(3) of the Act. The primary issues in the appeal pertained to unexplained cash credit and disallowance of interest expenditure for the assessment year 2015-16. The appellant's counsel argued that the assessee was unable to file necessary details before the CIT(A), leading to a request for restoration of the matter to the CIT(A) for fresh adjudication. The ITAT noted that the CIT(A) had previously provided multiple opportunities for the assessee to submit their case, but the submissions were not made, leading to dismissal on grounds of non-prosecution without discussing the merits of the case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 711962 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2015-2016
• Other Referred Cases: PCIT (C) vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bombay)
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHILESH SRIVASTAVA
• Assessee Lawyers: MAHAVIR JAIN
• Keywords: Set aside; Opportunity of being heard; Reasonable cause; Unexplained cash credit

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1465/PUN/2025 Assessment Year : 2015-16 Vijay Motilal Bhansali, At Post Rajgurunagar, Taluka Khed, Dist. Pune – 410 505 Maharashtra PAN : AAPPB5457M Vs. DCIT, Circle-8, Pune Appellant Respondent आदेश / ORDER PER DR. MANISH BOARD, ACCOUNTANT MEMBER : The captioned appeal at the instance of assessee pertaining to A.Y. 2015-16 is directed against the order dated 17.04.2025 of National Faceless Appeal Centre (NFAC) Delhi passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of Assessment Order dated 23.12.2017 passed u/s.143(3) of the Act. 2. At the outset, Ld. Counsel for the assessee requested that the assessee was not able to file details before ld.CIT(A) and therefore prayed that the matter may be restored to the file of ld.CIT(A) for necessary adjudication afresh. Assessee by : Shri Mahavir Jain Respondent by : Shri Akhilesh Srivastava Date of hearing : 14.07.2025 Date of pronouncement : 22.07.2025 Printed from counselvise.com ITA No.1465/PUN/2025 Vijay Motilal Bhansali 2 3. We have heard the rival contentions and perused the record placed before us. We observe that ld.CIT(A) has given various opportunities to the assessee to file submissions, however, on majority of the dates of hearing assessee sought adjournment but did not file any submissions in support of its grounds of appeal against the additions made by ld. Assessing Officer for A.Y. 2015-16 towards unexplained cash credit and disallowance of interest expenditure. We further observe that ld.CIT(A) has dismissed the appeal merely on account of non-prosecution and has not discussed on merits of the case. 4. Under these given facts and circumstances and considering the prayer made by ld. Counsel for the assessee, we in the larger interest of justice and being fair to both the parties, deem it proper to afford one more opportunity to the assessee and remit the all the issues raised before us to the file of ld.CIT(A) for denovo adjudication. Needless to mention that ld.CIT(A) in the course of set-aside proceedings shall afford a reasonable opportunity of being heard to the respondent-assessee and pass a speaking order as contemplated u/s.250(6) of the Act in light of judgment of Hon’ble Bombay High Court in the case of PCIT (C) vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bombay). Assessee is directed to update email id and contact detail on 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 and the effective grounds of appeal raised by the assessee are allowed for statistical purposes. Printed from counselvise.com ITA No.1465/PUN/2025 Vijay Motilal Bhansali 3 5. In the result, appeal of the assesssee is allowed for statistical purposes. Order pronounced on this 22nd day of July, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 22nd July, 2025. Satish आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “B” ब\u0014च, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. Printed from counselvise.com "