SWATI UMESH MODANI,NANDURBAR vs. ITO, WARD 1, DHULE

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ITA 461/PUN/2026Status: DisposedITAT Pune15 May 2026AY 2013-144 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not considered the submissions and evidence filed by the assessee. Therefore, the Tribunal restored the issues to the file of the CIT(A) for fresh adjudication.

What were the facts?

The assessee appealed against the CIT(A)'s order which dismissed the appeal without considering the detailed submissions and evidence. The assessee had requested a personal hearing, which was also not granted.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal without considering the assessee's submissions and evidence. Whether the assessee was denied a proper opportunity of being heard.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE

Before: HON’BLE MANISH BORAD & HON’BLE PAVAN KUMAR GADALE

For Respondent: Shri Pramod Shahakar, JCIT

आदेश / ORDER

PER MANISH BORAD, ACCOUNTANT MEMBER: This appeal is filed by the Assessee against the order of Ld. Addl CIT(A), Bhubaneshwar vide DIN: ITBA/A/APL/S/250/2025- 26/1082396881(1) dated 07-Nov-2025 for the Assessment Year 2013-14 arising out of assessment order framed u/s 143(3) r.w.s 147 of the Act dated 04.12.2018.

2.

The Assessee has raised the following grounds of appeal:

1) The learned Addl/Joint Commissioner of Income Tax (Appeals) erred in deciding the appeal of the appellant without reference to the detailed submissions & evidences furnished vide the written submissions uploaded on the Departmental Web Portal on 27.02.2023, vide Acknowledgement No. 968399051270223 & without allowing the personal hearing, requested by letter uploaded

ITA 461/PUN/2026 SWATI UMESH MODANI

on 20.01.2025 (viewed on 04.09.2025). Therefore, it is prayed on 20.01.2025 (viewed on 04.09.2025). Therefore, it is prayed on 20.01.2025 (viewed on 04.09.2025). Therefore, it is prayed on 20.01.2025 (viewed on 04.09.2025). Therefore, it is prayed to set aside the Order dt. 07.11.2025, passed u/s 250 of the to set aside the Order dt. 07.11.2025, passed u/s 250 of the to set aside the Order dt. 07.11.2025, passed u/s 250 of the to set aside the Order dt. 07.11.2025, passed u/s 250 of the I.T. Act, by the learned Addl/Joint Commissioner of Income I.T. Act, by the learned Addl/Joint Commissioner of Income I.T. Act, by the learned Addl/Joint Commissioner of Income I.T. Act, by the learned Addl/Joint Commissioner of Income Tax (Appeals), Bhubaneshwar, through Tax (Appeals), Bhubaneshwar, through Tax (Appeals), Bhubaneshwar, through the NFAC. 2) The appellant craves leave to add/amend/delete any ground The appellant craves leave to add/amend/delete any ground The appellant craves leave to add/amend/delete any ground The appellant craves leave to add/amend/delete any ground of appeal before OR at the time of hearing. of appeal before OR at the time of hearing. of appeal before OR at the time of hearing.

3.

The grievance of the assessee are mainly against The grievance of the assessee are mainly against The grievance of the assessee are mainly against various various additions totaling to s totaling to Rs. 16,13,007/- made by the AO and confirmed made by the AO and confirmed made by the AO and confirmed by ld. CIT(A).

4.

At the outset, ld. Counsel for the assessee submitted that the At the outset, ld. Counsel for the assessee submitted that the At the outset, ld. Counsel for the assessee submitted that the At the outset, ld. Counsel for the assessee submitted that the ld. CIT(A) has dismissed the appeal without considering the ld. CIT(A) has dismissed the appeal without considering the ld. CIT(A) has dismissed the appeal without considering the ld. CIT(A) has dismissed the appeal without considering the submissions filed by the assessee on multiple occasions submissions filed by the assessee on multiple occasions submissions filed by the assessee on multiple occasions, copies of copies of which are placed from page 5 to 21 of the paper book. He only which are placed from page 5 to 21 of the paper book. He only which are placed from page 5 to 21 of the paper book. He only which are placed from page 5 to 21 of the paper book. He only prayed that the issue may be restored to the file of ld. CIT(A) for prayed that the issue may be restored to the file of ld. CIT(A) for prayed that the issue may be restored to the file of ld. CIT(A) for prayed that the issue may be restored to the file of ld. CIT(A) for necessary adjudication necessary adjudication on due consideration and on due consideration and the submissions the submissions filed by the assessee. filed by the assessee.

5.

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

6.

We have heard the rival contentions and perused the material We have heard the rival contentions and perused the material We have heard the rival contentions and perused the material We have heard the rival contentions and perused the material placed on record. placed on record. We observe that the assessee has raised various We observe that the assessee has raised various We observe that the assessee has raised various legal issues and grounds on merits before ld. CIT(A). The assessee legal issues and grounds on merits before ld. CIT(A). The assessee legal issues and grounds on merits before ld. CIT(A). The assessee legal issues and grounds on merits before ld. CIT(A). The assessee also made detailed su also made detailed submissions before ld. CIT(A) on 11.01.2023 bmissions before ld. CIT(A) on 11.01.2023 bmissions before ld. CIT(A) on 11.01.2023 placed on paper book from page 5 to 15, we also note that various placed on paper book from page 5 to 15, we also note that various placed on paper book from page 5 to 15, we also note that various placed on paper book from page 5 to 15, we also note that various documents including copies of sale and purchase deeds documents including copies of sale and purchase deeds documents including copies of sale and purchase deeds / agreements, 7/12 extract of agri agreements, 7/12 extract of agricultural land cultural land holding by the by the assessee, decisions of Coordina assessee, decisions of Coordinate Bench in support of legal grounds te Bench in support of legal grounds te Bench in support of legal grounds have been efiled on the income tax have been efiled on the income tax e-portal. However ld. CIT(A) has portal. However ld. CIT(A) has portal. However ld. CIT(A) has not considered any of these details prior to passing of impugned not considered any of these details prior to passing of impugned not considered any of these details prior to passing of impugned not considered any of these details prior to passing of impugned order.

7.

We therefore considering the facts and We therefore considering the facts and We therefore considering the facts and circumstances of the of the present case without dwelling upon the merits of the case without dwelling upon the merits of the case without dwelling upon the merits of the case and also and also in the larger interest interest of justice deem it appropriate to restore all the deem it appropriate to restore all the deem it appropriate to restore all the issues raised in the instant appeal to the file of ld. CIT(A) for raised in the instant appeal to the file of ld. CIT(A) for raised in the instant appeal to the file of ld. CIT(A) for raised in the instant appeal to the file of ld. CIT(A) for

ITA 461/PUN/2026 SWATI UMESH MODANI deciding them deciding them afresh on due consideration of details and due consideration of details and due consideration of details and documents submitted by the assessee on the prevous occasion as ents submitted by the assessee on the prevous occasion as ents submitted by the assessee on the prevous occasion as ents submitted by the assessee on the prevous occasion as well as details if any required to be submitted by the assessee well as details if any required to be submitted by the assessee well as details if any required to be submitted by the assessee well as details if any required to be submitted by the assessee during the course of set aside proceedings. Ld. CIT(A) during the course of set aside proceedings. Ld. CIT(A) during the course of set aside proceedings. Ld. CIT(A) is directed to directed to pass a speaking order as contemplate pass a speaking order as contemplate pass a speaking order as contemplated u/s 250(6) of the Act. (6) of the Act. Needless to mention that the ld. eedless to mention that the ld. CIT(A) CIT(A) shall afford proper shall afford proper opportunity to the assessee. Further, we direct the assessee to opportunity to the assessee. Further, we direct the assessee to opportunity to the assessee. Further, we direct the assessee to opportunity to the assessee. Further, we direct the assessee to remain cooperative in furnishing the details called for by the ld. remain cooperative in furnishing the details called for by the ld. remain cooperative in furnishing the details called for by the ld. remain cooperative in furnishing the details called for by the ld. CIT(A). Finding of ld. CIT(A) is set aside and effective grounds . Finding of ld. CIT(A) is set aside and effective grounds . Finding of ld. CIT(A) is set aside and effective grounds of appeal raised by the assessee are allowed for statistical purposes. appeal raised by the assessee are allowed for statistical purposes. appeal raised by the assessee are allowed for statistical purposes. appeal raised by the assessee are allowed for statistical purposes.

3.

In the result the appeal filed by the assessee is allowed for In the result the appeal filed by the assessee is allowed for In the result the appeal filed by the assessee is allowed for In the result the appeal filed by the assessee is allowed for statistical purposes. statistical purposes.

Order pronounced in the open court on Order pronounced in the open court on 15.05. .2026

Sd/- Sd/- PAVAN KUMAR GADALE PAVAN KUMAR GADALE MANISH BORAD JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER Pune Dated: 15.05.2026 6

ITA 461/PUN/2026 SWATI UMESH MODANI

Copy to:

SWATI UMESH MODANI, SWATI UMESH MODANI, AT POST BHALER, TAL. DIST. NANDURBAR, AT POST BHALER, TAL. DIST. NANDURBAR, AT POST BHALER, TAL. DIST. NANDURBAR,, 1 NANDURBAR NANDURBAR-425412, MAHARASHTRA MAHARASHTRA

ITO, WARD 1, ITO, WARD 1, 2 OPP. MSEDCL, SAKRI ROAD OPP. MSEDCL, SAKRI ROAD, DHULE-424001, 424001, MAHARASHTRA MAHARASHTRA 3 THE PCIT / CIT THE PCIT / CIT, 4 THE D.R., ITAT, , ITAT, PUNE BENCH 5 GUARD FILE

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