VSAR AGROTECH PVT LTD,THANE vs. ITO WADR-15(3)(1), MUMBAI

Per: SHRI JAGADISH, A.M.: 1. This appeal is directed against the order dated 31.10.2025 passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2016–17 arising from the assessment framed under Section 147 of the Income Tax Act, 1961. 2. Briefly stated, the assessee is a company which had purchased an immovable property for a consideration of ₹80,65,000/- and had not filed its return of income. Based on this information, the case was reopened u/s 147 of the Act and notice u/s 148 was issued. Despite issuance of statutory notices along with questionnaire, the assessee failed to file the return or furnish any details. Accordingly, the AO

ITA No.9249/M/2025 Vsar Agrotech Pvt Ltd completed the assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act vide order dated 09.03.2024, making additions of ₹80,65,000/- u/s 69 on account of unexplained investment in property, ₹5,94,550/- u/s 69C towards stamp duty expenses, ₹90,650/- u/s 69C towards broker commission, and ₹57,83,346/- u/s 69A towards unexplained money credited in bank account. Aggrieved, the assessee filed an appeal before the Ld. CIT(A). 3. On appeal, the Ld. CIT(A) issued several notices, however, according to the Ld. CIT(A), the assessee failed to furnish necessary submissions and evidences in support of the grounds of appeal. Therefore, the Ld. CIT(A) dismissed the appeal ex parte and confirmed the additions made by the Assessing Officer. Aggrieved, the assessee is in appeal before this Tribunal. 4. Before us, the Ld. Authorised Representative submitted that the Ld. CIT(A) passed the impugned order without adjudicating the issues on merits and dismissed the appeal ex parte. It was submitted that the assessee could not properly respond during the faceless appellate proceedings and therefore requested that one more opportunity may be granted in the interest of justice to present the case before the first appellate authority. 5. The Ld. Departmental Representative, on the other hand, supported the order of the Ld. CIT(A) and submitted that adequate opportunities were granted during the appellate proceedings but the assessee failed to avail the same. Therefore, according to the Ld. DR, the order passed by the Ld. CIT(A) does not call for any interference. 6. We have heard the rival submissions and perused the material available on record. It is observed that the Ld. CIT(A) has dismissed the appeal primarily on the ground that the assessee did not furnish necessary submissions despite opportunities provided during the 2

ITA No.9249/M/2025 Vsar Agrotech Pvt Ltd appellate proceedings. Considering the facts and circumstances of the case, and in order to meet the ends of substantial justice, we are of the considered view that the assessee deserves one more opportunity to present the case before the Ld. CIT(A). Accordingly, we set aside the impugned order and restore the matter to the file of Ld. CIT(A) with a direction to adjudicate the appeal afresh on merits after providing adequate opportunity of being heard to the assessee.

Order pronounced in the open court on 28/04/2026

Sd/- Sd/-

(NARENDER KUMAR CHOUDHRY) (JAGADISH) Judicial Member Accountant Member

Mumbai, Dated: 28/04/2026 Ashwani Rao Sr. Private Secretary

ITA No.9249/M/2025 Vsar Agrotech Pvt Ltd

Copy of the order forwarded to: 1. Assessee 2. Respondent 3. The CIT 4. The CIT (Appeals) 5. The DR, I.T.A.T.

By order

(Assistant Registrar) ITAT, Mumbai