SHREE KRISHNA INFRA AND DEVELOPERS,VALSAD, GUJARAT vs. INCOME TAX OFFICER WARD 4(1) THANE, THANE , MAHARASHTRA

आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against the impugned order dated 18.09.2025 passed by the learned CIT(A), NFAC Delhi, arising out of assessment order passed under Section 144 of the Income Tax Act, 1961 for the Assessment Year 2022-23.

2 ITA No.1624/Mum/2026 Shree Krishna Infra & Developers 2. The primary grievance raised before us is that both the learned Assessing Officer as well as the learned CIT(A) have passed the impugned orders ex parte without affording due and effective opportunity of hearing to the assessee and, therefore, the entire matter deserves to be restored back to the file of the Assessing Officer for fresh adjudication. At the very outset, the learned counsel appearing on behalf of the assessee submitted that the assessee could not properly represent its case before the lower authorities and huge additions have been made without considering the relevant factual details and supporting evidences. It was thus pleaded that one final opportunity may be granted to the assessee to substantiate its case before the Assessing Officer. The learned Departmental Representative, fairly though cautiously, submitted that he has no serious objection if the matter is restored back to the file of the Assessing Officer for adjudication afresh in accordance with law.

3 ITA No.1624/Mum/2026 Shree Krishna Infra & Developers any plausible or cogent explanation has been brought on record demonstrating the reasons for repeated non- compliance on the part of the assessee. There is nothing available on record to show that the statutory notices issued by the Assessing Officer or the notices issued during the appellate proceedings were not duly served upon the assessee. Even during the course of hearing before us, the learned counsel could not satisfactorily explain the persistent non-appearance before the authorities below despite several opportunities having been granted.

4 ITA No.1624/Mum/2026 Shree Krishna Infra & Developers 5. Accordingly, while setting aside the impugned order of the learned CIT(A) as well as the assessment order passed under Section 144, we restore the entire matter back to the file of the Assessing Officer for adjudication afresh in accordance with law after granting reasonable and effective opportunity of hearing to the assessee. The assessee is also directed to fully cooperate in the fresh proceedings and furnish all requisite details and evidences as may be called for by the Assessing Officer. Since the conduct of the assessee, as borne out from the records, reflects a rather complacent and non-serious approach towards statutory proceedings and no valid or sufficient reasons for repeated non-compliance have been demonstrated before us, we deem it fit and proper, in the peculiar facts of the present case, to impose a cost of Rs.10,000/- upon the assessee. The said cost shall be deposited by the assessee with the Prime Minister’s Relief Fund before the commencement of the fresh assessment proceedings and proof thereof shall be furnished before the Assessing Officer.

5 ITA No.1624/Mum/2026 Shree Krishna Infra & Developers 115BBE, allegedly on account of difference between the turnover reflected in the GST returns and the turnover disclosed in the return of income filed by the assessee. Needless to clarify, the Assessing Officer shall adjudicate the issues uninfluenced by any observation made in the impugned orders and after duly considering the explanation and evidences which may be furnished by the assessee.

Order pronounced on 7th May, 2026.

Sd/- Sd/- (PRABHASH SHANKAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 07/05/2026 KARUNA, sr.ps Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,

(Asstt. Registrar) ITAT, Mumbai