YOG BUILDERS AND DEVELOPERS,NASHIK vs. INCOME TAX OFFICER, WARD 1(1), NASHIK

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.646/PUN/2026 िनधा�रण वष� / Assessment Year : 2015-16 Yog Builders And Vs. ITO, Ward-1(1), Nashik. Developers, Plot No.14, Arya Vidhi Bunglow Ashoka Road, Dwarka Corner, S.O. Nashik, Nashik- 422011. PAN : AAAFY9236C Appellant Respondent Assessee by : Shri Sanket Joshi Revenue by : Shri Umesh Phade Date of hearing : 14.05.2026 Date of pronouncement : 29.05.2026 आदेश / ORDER PER VINAY BHAMORE, JM: This appeal filed by the assessee is directed against the order dated 16.10.2023 passed by Ld. CIT(A)/NFAC for the assessment year 2015-16. 2. There is delay in filing of the present appeal. In this regard, the assessee has filed an application for condonation of delay duly supported by an affidavit sworn in by the partner, namely. Shri Sameer Dattaram Kodare. We are satisfied with the explanation of the assessee that the assessee was prevented by reasonable cause

2 ITA No.646/PUN/2026 for not filing the present appeal within the prescribed time limit since her daughter was diagnosed with cancer and was under the treatment and the other partner of the firm was absconding after committing fraud in the partnership firm and a criminal complaint was lodged against her by the remaining partners. After hearing Ld. DR, we condone the delay and proceed to decide the appeal. 3. The appellant has raised the following grounds of appeal :- “1] The assessee firm submits that there was a reasonable cause due to which proper compliance could not be made before learned CIT(A) during the appellate proceedings and therefore, the matter may please be set-aside to the learned CIT(A) for de- novo adjudication. 2] The assessee submits that there was a reasonable cause due to which proper compliance could not be made before A.O. during the assessment proceedings and therefore, the matter may please be set-aside to the A.O. for de-novo adjudication. 3] Without prejudice to the above grounds, the learned CIT(A) erred in confirming the addition of Rs.3,08,76,445 made by the A.O. u/s 69A towards unexplained credits to the bank account of the assessee firm without appreciating that the said addition is not justified in law and on facts of the case. 4] Without prejudice to the above grounds, the learned CIT(A) ought to have appreciated that the said credits of Rs.3,08,76,445 were duly recorded in the books of accounts maintained by the assessee firm and therefore, invocation of section 69A for making addition is not valid in the instant case thereby making the assessment order bad in law. 5] Without prejudice to the above grounds, the assessee firm submits that the copy of reasons recorded by the A.O. for re- opening the asst. of the assessee firm were never confronted to the assessee firm and therefore, the asst. proceedings may please be quashed as being completed without following the principles of natural justice. 6] Without prejudice to the above grounds, the appellant submits that the application sent by the A.O. to the higher authority for obtaining approval u/s 151 and the approval u/s 151 obtained

3 ITA No.646/PUN/2026 from the Higher Authority u/s 151 has not been confronted to the appellant along with the Notice u/s 148 and hence, the notice u/s 148 may be declared as null and void in view of CBDT instructions F.No.299/10/2022-Dir(lnv.III)/611 Dated: 01.08.2022 as well as the law laid down by Hon’ble Delhi High Court in Tia Enterprises (P) Ltd. Vs. ITO [(2024) 468 ITR 5]. 7] The assessee firm submits that it may please be allowed to furnish additional evidences in support of its grounds of appeal before the Hon’ble Tribunal. 8] The appellant craves leave to add/ alter/ amend any of the grounds of appeal.” 4. Facts of the case, in brief, are that the assessee is a partnership firm and has furnished return of income on 06.12.2016 declaring income at Rs.Nil. On the basis of information that the assessee firm has deposited Rs.3,08,76,445/- in its bank accounts whereas in the return of income turnover was shown at Rs.Nil, therefore, the case of the assessee firm was reopened u/s 147 and notice u/s 148 was issued on 31.03.2021. Subsequently, notices u/s 142(1) and show cause notice respectively were issued to the assessee, however, the assessee did not file any reply, therefore, the Assessing Officer vide order dated 19.03.2022 completed the assessment proceedings u/s 147 r.w.s. 144 r.w.s. 144B of the IT Act by determining income at Rs.3,08,76,445/- as against the income of Rs.Nil returned by the assessee u/s 139 of the IT Act. The above assessed income included addition of Rs.3,08,76,445/-

4 ITA No.646/PUN/2026 being unexplained money u/s 69 of the IT Act deposited in bank account of the assessee. 5. Being aggrieved with the above assessment order, the assessee preferred any appeal before Ld. CIT(A)/NFAC. Since the assessee remained absent, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee without going into merits of the case. 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 by the assessee. In this regard, we find that it is the sole request of the counsel of the assessee that the matter may kindly be restored to the file of the Assessing Officer to determine the real income since the assessment order as well as appellate order were passed ex-parte i.e. in the absence of the assessee. Ld. DR raised no objection to the request of the assessee. 8. Considering the totality of the facts of 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 remand the matter back to the file of the Assessing Officer with a direction to pass assessment order afresh and as per fact and law

5 ITA No.646/PUN/2026 after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by the Assessing Officer in this regard and to produce relevant documents, evidences and submissions, if any, in support of grounds of appeal without taking any adjournment under any pretext, otherwise the Assessing Officer shall be at liberty to pass appropriate orders as per law. Thus, the 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 29th day of May, 2026. Sd/- Sd/- (R. K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 29th May, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.05.29 17:09:29 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, “B” ब�च, 4. पुणे / DR, ITAT, “B” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.