RAJMATA MULTI STATE CO OPERATIVE CREDIT SOCIETY LIMITED,OSMANABAD vs. ITO, WARD 1(1), SOLAPUR, SOLAPUR

IN THE INCOME TAXAPPELLATE TRIBUNAL PUNE “B” BENCH BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER आयकर अपील सं. ITA No.624/PUN/2026 Assessment Years: 2015-16

RAJMATA MULTI STATE ITO, WARD 1(1), CO OPERATIVE CREDIT AAYAKAR KARYALAY, SOCIETY LIMITED NEAR HOTEL KAMAT, SHOP NO 15 ZILA SAHYADRI PARISHAD SHOPPING SHOPPING CENTRE, Vs. CENTRE, OLD EMPLOYMENT OPP CITY POLICE CHOWK, STATION OSMANABAD-413501, SOLAPUR-413304, MAHARASHTRA MAHARASHTRA PAN: AABAR7197K Appellant Respondent

Assessee by : Shri.Bhuvanesh Kankani.AR Revenue by : Smt.Shilpa NC.Sr.DR Date of hearing : 15.06.2026 Date of pronouncement : 28.07.2026 आदेश/ ORDER PER PAVAN KUMAR GADALE, JUDICIAL MEMBER : The assessee has filed the appeal against the order of CIT(A)/NFAC, Delhi passed u/sec250 of the Income Tax Act. The assessee has raised the grounds of appeal challenging the ex-parte order of the CIT(A) on validity of issue of re assessment and sustaining the addition made by the Assessing Officer. 2. The brief facts of the case are that, the assessee is a Cooperative Credit Society and is engaged in providing

ITA No.624/PUN/2026 Rajmata Multi State co-operative Credit Society Ltd. credit facilities to its members. The Assessing Officer(A.O) has received information that the assessee has made substantial cash deposits in the bank accounts in the F.Y. 2014-15 and the has not filed the return of income for the A.Y. 2015-16. The AO has reason to believe that the income has escaped income and issued notice u/sec 148A(b) of the Act and subsequently order under Section 148A(d) of the Act and notice u/sec148 of the Act was issued 06.04.2022. In response to the notice u/sec 148 of the Act, the assessee has filed return of income on 10.07.2023 disclosing a total income of Rs. NIL for claiming deduction u/sec 80P of the Act. The A.O issued notice u/sec 143(2) and u/sec142(1)of the Act and there was partial compliance by the assessee. Subsequently, the AO has issued notice u/sec 133(6) of the Act on the banks and obtained the bank statements. Further a show cause notice was issued to explain the sources of cash deposits made in various bank accounts. The A.O referred to the submissions made by the assessee on 02.07.2023 and 11.07.2023 explaining the sources of cash deposits. Whereas, the AO was not satisfied with the explanations and made addition of unexplained money under Section 69A of the Act and assessed the total income of Rs. 5,38,75,572/- and passed the order u/sec 147 r.w.s 143(3) r.w.s. 144B of the Income Tax Act dated 23.01.2024. 3. Aggrieved by the order, the assessee has filed an appeal with the CIT(A). Whereas the CIT(A) has considered the grounds of appeal, statements of facts and finding of the AO and issued notice of hearings and since there was no compliance by the assessee to the notices, therefore, CIT(A) considering information on record has confirmed the action

ITA No.624/PUN/2026 Rajmata Multi State co-operative Credit Society Ltd. of the AO and dismissed the appeal. Aggrieved by the order of the CIT(A), the assessee has filed appeal before the Hon'ble Tribunal. 4. At the time of hearing, the Ld. A.R. submitted that the CIT(A) has erred in confirming the action of the AO overlooking the information of the assessment proceedings and non compliance of notices before the CIT(A) was not intentional but the circumstances beyond the control of the assessee. Further, the Ld.A.R. submitted that the CIT(A) has erred in not adjudicating the legal ground on validity of assesseement and confirmed the action of the Assessing Officer. The Ld.AR emphasized that the assessee has a good case on merits and prayed for allowing the appeal. Per contra, the Ld. DR supported that the order the CIT(A). 5. We heard the rival submissions and perused the material on record. Prima Facie, the CIT(A) has passed the order, considering the facts that there is no compliance in spite of providing adequate opportunity of hearing and notices were issued. Therefore, CIT(A) was of the opinion that the assessee is not interested in prosecuting the appeal and dismissed the appeal ex-parte confirming the action of the AO. Whereas the CIT(A) has issued notice of hearings on various dates dealt at Para 6 of the order but there was no response and thus, the CIT(A) came to the conclusion that the assessee is not interested and decided the appeal based on the information available on record. The Ld. A.R. mentioned that the non-compliance to notices in the appellate proceedings was not intentional, but circumstances beyond the control of the assessee and the CIT(A) has not adjudicated on the validity of issue of notice. Whereas the assessee has raised grounds of appeal

ITA No.624/PUN/2026 Rajmata Multi State co-operative Credit Society Ltd. challenging the reassessment proceedings and addition u/sec69A of the Act made by the AO and there could be various reasons for non-appearance which cannot be overruled. Therefore, we considering the facts, circumstances and principle of natural justice shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) and restore the disputed issues to the file the CIT(A) for fresh adjudication and the assessee should be provided adequate opportunity of hearing and shall cooperate in submitting the information for earlier disposal of appeal. We allow these grounds of appeal of the assessee for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 28th July, 2026. Sd/- Sd/- (MANISH BORAD) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे/Pune; दिन ंक / Dated: 28th July, 2026 Abhishek mohan Digitally signed by Abhishek Abhishek Mohan Mohan Date: 2026.07.28 13:31:18 +05'30' आिेशकीप्रतितलतपअग्रेतिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. तिभ गीय प्रतितनति, आयकर अपीलीय अतिकरण, “(B)” बेंच, 4. पुणे/ DR, ITAT, “(B)” Bench, Pune. ग र्डफ़ इल / Guard File. 5. //True Copy// आिेश नुस र / BY ORDER, Assistant Registrar आयकर अपीलीय अतिकरण, पुणे / ITAT, Pune