ANANDRAO PATIL CHUYEKAR KOP ZILLA GRAMIN GOKUL SAHAKARI NAGARI PATH SANSTHA MARYADIT KOLHAPUR ,KOLHAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, KOLHAPUR, KOLHAPUR

Registry has pointed out that the appeal is barred by limitation as the assessee has filed the appeal before this Tribunal with a delay of 17 days. Assessee has filed an Affidavit explaining the reasons which led to delay. On due consideration of the said reasons, we find that ‘reasonable cause’ prevented the assessee from filing the appeal within

The sole issue for our consideration is against the addition made by the Assessing Officer u/s.68 r.w.s.115BBE of the Act at Rs.95,42,240/- for the unexplained credit entries in the books of account.

We have heard the rival submissions and perused the record placed before us. We note that the assessee is a Cooperative Society and is engaged in the business of providing credit facilities to its Members. For the year under consideration, assessee e-filed the return of on 18.09.2020 declaring income at Nil after claiming deduction u/s.80P(2)(a)(i)/80P(2)(d) of the Act but failed to file Audit Report. Case selected for scrutiny. Valid statutory notices u/s.143(2) and 142(1) of the Act duly served upon the assessee. There was no compliance from the side of assessee resulting into culmination of assessment proceedings making addition of Rs.95,42,240/- as unexplained credits. Income assessed at Rs.95,24,240/-.

Assessee carried the matter before ld.CIT(A) but then failed to respond to the notices issued on 29.09.2025, 21.10.2025, 30.10.2025 and 03.12.2025. Ld.CIT(A)

Before us, ld. Counsel for the assessee referring to the affidavit filed by the assessee submitted that the notices were sent on the old email ids which are no longer in use and therefore the assessee was unaware of the proceedings. Assessee came to know only when the notice for outstanding demand has been received on the correct email id. Therefore, a prayer is made to restore the issue to the file of ld.CIT(A) for afresh adjudication as there was no adjudication on merits of the case.

On the other hand, ld. DR supported the order of ld.CIT(A).

Considering the factual matrix and the prayer made by the ld. Counsel for the assessee, we in the larger interest of justice deem it appropriate to afford one more opportunity to the assessee to substantiate its case. In view thereof and without dwelling into merits of the case, the issues raised in the instant appeal are remitted back to the file of ld.CIT(A)/NFAC for afresh adjudication. Needless to mention that in the set aside proceedings ld.CIT(A)/NFAC shall provide reasonable opportunity of hearing to the assessee and pass speaking order as contemplated u/s.250(6) of the Act. Assessee is directed to update email and contact detail on the ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause, failing which the ld.CIT(A)/NFAC shall be free to proceed in accordance with law. Impugned order of ld.

In the result, the appeal of the assessee is allowed for statistical purposes.

The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “A” बेंच, 4. पुणे / DR, ITAT, “A” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,