INCOME TAX OFFICER, BOLANGIR vs. KUTURLA SERVICE CO-OPERATIVE SOCIETY, BOLANGIR
What did the Tribunal hold?
The Tribunal found no justification for the CIT(A)'s deletion and estimation, especially given the assessee's non-compliance and failure to file a return. The order of the CIT(A) was set aside.
What were the facts?
The assessee, a co-operative society, failed to cooperate with the Assessing Officer (AO) and the Commissioner of Income-tax (Appeals) (CIT(A)). The AO treated cash deposits of ₹1,74,04,639/- as unexplained credits. The CIT(A) deleted the addition but directed the AO to estimate income at 15% of the deposits.
What were the issues?
Whether the CIT(A) was justified in deleting the addition made by the AO for unexplained cash credits without proper justification, despite the assessee's non-compliance.
Which sections of the Income-tax Act were involved?
Not explicitly mentioned, but relates to unexplained cash credits and non-compliance.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Per George Mathan, JM:
This is an appeal filed by the Revenue against the order of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] in appeal no. ITBA/NFAC/S/250/2024- 25/1068992472(1) dated 23.09.2024 for the AY 2017-18.
None represented on behalf of the assessee and Shri Vijay Singh, Sr. DR represented on behalf of the Revenue.
We have considered the rival submissions. A perusal of the facts of present case shows that the assessee has been non-compliant before the ld. AO and the ld. CIT (A). There is no reason given by the ld. CIT (A) for deleting the addition and estimating the income of the assessee at 15%. It is also noticed that the assessee has been non- compliant before the ld. CIT (A). It is also noticed that the assessee has not file his return of income for the relevant assessment year. As this is a case of non-compliance, in the interest of justice, the order of the ld. CIT (A) is set aside and the issues are restored to the file of the ld. AO for re-adjudication after granting assessee one more adequate opportunity of being heard.
Order pronounced in the open court on 12.05.2026.
Sd/- Sd/- (RAJESH KUMAR) (GEORGE MATHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Kolkata, Dated: 12.05.2026 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//
Asst. Registrar Income Tax Appellate Tribunal, Kolkata
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