THODAGA VIVIDHA KARYAKARI SEVA SAHAKAR SOCIETY LIMITED,LATUR vs. ITO, WARD-1, LATUR, LATUR

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.550/PUN/2026 िनधा�रण वष� / Assessment Year : 2019-20 Thodaga Vividha Vs. ITO, Ward-1, Latur. Karyakari Seva Sahakari Society Limited, Nandura Khu At- Nandura Khu, P.O.- Ahemadpur, Tq.- Ahemadpur, Latur- 413515. PAN : AAHAT5295L Appellant Respondent Assessee by : Shri Sarang Gudhate : Shri Sanjay Keshavrao Dhivare Revenue by Date of hearing : 15.06.2026 Date of pronouncement : 20.07.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 01.12.2025 passed by Ld. CIT(A)/NFAC for the assessment year 2019-20. 2. The appellant has raised the following grounds of appeal :- “1. Under the facts and circumstances of the case and in law, Ld. Assessing Officer is erred in making addition of Rs. 5,42,429/- as profit for the relevant Assessment year, instead of the fact that actual profit as per Profit and Loss Account for the said year is Rs. 1,02,895/-.

2 ITA No.550/PUN/2026 2. Under the facts and circumstances of the case and in law, proceedings u/s 148A are initiated and concluded by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO) hence proceedings are violating Section 151A hence bad in law and accordingly subsequent Assessment Proceedings based on such illegal proceedings is also bad in law. 3. Under the facts and circumstances of the case and in law, Ld. Assessing Officer is erred not considering deduction u/s 80P for which assessee is eligible. 4. The appellant craves the permission to add, amend, modify, revise, substitute, delete or alter any/all of the above grounds of appeal if deemed necessary at the time of hearing of the appeal.” 3. The appellant has also raised the following additional grounds of appeal :- “Additional Ground No. 1 - "Under the facts and circumstances of the case and in law, Ld Assessing Officer erred in disallowing deduction u/s 80P despite of the fact that assessment is initiated for the purpose of "High Cash deposit". Ld. Assessing Officer made disallowance of deduction u/s 80P however there is no addition for cash deposit." Additional Ground No. 2 - "Under the facts and circumstances of the case and in law, Ld. Assessing Officer erred in disallowing deduction u/s 80P, which is beyond the scope of the Show Cause Notice issued. In Show Cause Notice the issue raised was only with respect to cash deposits." 4. Facts of the case, in brief, are that the assessee is an Association of Persons (AOP) registered under the Maharashtra Cooperative Societies Act, 1960 and engaged in providing credit facilities to farmers and has not furnished its return of income for the year under consideration. On the basis of information that the assessee has deposited cash of Rs.1,28,57,128/- into the bank account with Latur District Central Co-op Bank Ltd. and has not

3 ITA No.550/PUN/2026 furnished his return of income, suggested to the Income Tax Officer that the income chargeable to tax has escaped assessment and therefore, a notice u/s 148A(b) of the IT Act was issued to the assessee on 23.01.2023, however, the assessee did not file any reply to the above notice, orders were passed u/s 148A(d) of the IT Act and the case of the assessee was reopened u/s 147 of the IT Act and a notice u/s 148, 142(1) of the IT Act and show cause notice respectively were issued to the assessee which remained non- complied. Therefore, the Assessing Officer vide order dated 17.03.2024 completed the assessment proceedings u/s 147 r.w.s. 144 of the IT Act by determining the income of the assessee at Rs.5,42,429/- as against no return of income filed by the assessee. The above assessed income includes addition of Rs.5,42,429/- on account of estimated profit on interest income. 5. Being aggrieved with the above assessment order, the assessee preferred an appeal before Ld. CIT(A)/NFAC. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee. 6. It is the above order against which the assessee is in appeal before this Tribunal. 7. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper book furnished

4 ITA No.550/PUN/2026 by the assessee. In this regard, we find that the assessee is a society providing credit facilities to farmers and has maintained regular books of accounts which are duly audited by certified auditor wherein net profit of Rs.1,02,895/- has been disclosed. Ld. AR appearing from the side of the assessee submitted an application for admission of additional evidences which could not be filed either before the Assessing Officer or before Ld. Commissioner of Income Tax (Appeals) since both the authorities have passed ex-parte orders. It is the sole request of the counsel of the assessee that the matter may kindly be restored back to the file of Ld. CIT(A)/NFAC so that the assessee can substantiate the grounds of appeal with the help of additional evidences for which Ld. DR did not raise any objection. 8. Considering the totality of the facts of the case and in the interest of justice and without going into merits of the case, we deem it appropriate to set-aside the order passed by Ld. CIT(A)/NFAC and restore the matter back to his file with a direction to decide the appeal afresh and as per fact and law after providing reasonable opportunity of hearing to the assessee in the light of additional evidences filed by the assessee. The assessee is hereby also directed to respond to the notices issued by Ld. CIT(A)/NFAC in this regard and to produce relevant documents,

5 ITA No.550/PUN/2026 submissions and additional evidences in support of grounds/additional grounds of appeal, if any, without taking any adjournment under any pretext, otherwise Ld. CIT(A)/NFAC shall be at liberty to pass appropriate orders as per law. Thus, the grounds/ additional grounds of appeal raised by the assessee are allowed for statistical purposes. 9. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 20th day of July, 2026. Sd/- Sd/- (DR. DIPAK P. RIPOTE) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 20th July, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.07.22 11:49:33 आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : +05'30' अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “SMC” ब�च, 4. पुणे / DR, ITAT, “SMC” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.