BHANGAON VIVIDH KARYAKARI SEVA SAHAKARI SOCIETY LIMITED,AT POST BHANGAON vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.2435 & 2436/PUN/2025 िनधा�रण वष� / Assessment Years : 2018-19 & 2019-20 Bhangaon Vividh Vs. Assessment Unit, Income Karyakari Seva Sahakari Tax Department. Society Limited, Tal. Shrigonda, Dist. Ahmednagar- 413728. PAN : AAEAB6392D Appellant Respondent Assessee by : Shri Bharat H. Shah Revenue by : Shri Amol Khairnar & Smt. Neha Thakur Date of hearing : 21.05.2026 Date of pronouncement : 26.05.2026 आदेश / ORDER PER VINAY BHAMORE, JM: Both the above captioned appeals filed by the assessee are directed against the separate orders dated 01.07.2025 passed by Ld. CIT(A)/NFAC for the assessment years 2018-19 and 2019-20 respectively.

2 ITA Nos.2435 & 2436/PUN/2025 2. There is delay in filing of both the above captioned appeals. We are satisfied with the reasons mentioned in the application for condonation of delay that the applicant was prevented by sufficient cause for not filing the appeals within the prescribed time limit. After hearing Ld. DR, we condone the delay and proceed to adjudicate the appeals. 3. Since identical facts and common issues are involved in both the above captioned appeals of the assessee, therefore, we proceed to dispose of the same by this common order. 4. First, we shall take up the appeal of the assessee in ITA No.2435/PUN/2025 for A.Y. 2018-19 for adjudication as the lead case. ITA No.2435/PUN/2025, A.Y. 2018-19 : 5. Facts of the case, in brief, are that the assessee is a cooperative society duly registered under the Maharashtra Cooperative Societies Act and has not filed its return of income for the year under consideration. On the basis of information that the assessee has deposited cash amounting to Rs.2,83,68,361/- in its bank account maintained with Ahmednagar District Cooperative Central Bank

3 ITA Nos.2435 & 2436/PUN/2025 Ltd., the case of the assessee was reopened and notice u/s 148 of the IT Act was issued on 03.04.2022 after completing the procedure prescribed u/s 148A(d) of the IT Act. The assessee failed to furnish return in response to notice u/s 148 of the IT Act. Subsequently, notices u/s 142(1) and show cause notices respectively were issued to the assessee. The assessee in response to above notice only furnished financial statements without the details from where the impugned cash deposited in bank was received. Therefore, the Assessing Officer vide order dated 06.03.2024 completed the assessment proceedings u/s 147 r.w.s. 144 r.w.s. 144B of the IT Act by determining the income at Rs.2,83,68,361/- as against no return filed by the assessee. The above assessed income includes addition of Rs.2,83,68,361/- being unexplained money deposited in bank accounts as per the provisions of section 69A of the IT Act. 6. Being aggrieved with the above assessment order, the assessee preferred an appeal before Ld. CIT(A)/NFAC. Since the appeal was filed belatedly i.e. with a delay 2 and ½ months, Ld. CIT(A)/NFAC dismissed the appeal filed by the assessee without going into merits of the case.

4 ITA Nos.2435 & 2436/PUN/2025 7. It is the above order against which the assessee is in appeal before this Tribunal. 8. We have heard Ld. Counsels from both the sides and perused the material available on record. In this regard, we find that the appeal of the assessee was dismissed by Ld. CIT(A)/NFAC on the ground of delay of 2 and ½ months. In this regard, it was the contention of Ld. Counsel of the assessee that secretary of the society namely Mr. Satish Bhausaheb Kudande was suffering from some ailment and was under treatment of doctors due to which could not arrange to furnish appeal before Ld. CIT(A)/NFAC within the prescribed time limit. Therefore, it was the sole prayer of the counsel of the assessee that the delay before Ld. CIT(A)/NFAC needs to be condoned and since the assessment order was passed ex-parte, the matter may kindly be restored back to the file of the Assessing Officer to pass the assessment order after providing an opportunity to the assessee. 9. Considering the totality of the facts of the case and in the interest of justice and with the consent of both the parties, we deem it appropriate to set-aside the order passed by Ld. CITA)/NFAC and restore the matter back to the file of the Assessing Officer with a

5 ITA Nos.2435 & 2436/PUN/2025 direction to pass assessment order as per fact and law 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. 10. In the result, the appeal filed by the assessee in ITA No.2435/PUN/2025 for A.Y. 2018-19 is allowed for statistical purposes. ITA No.2436/PUN/2025, A.Y. 2019-20 : 11. Since the facts and issues involved in the appeal of the assessee in ITA No.2436/PUN/2025 for A.Y. 2019-20 are identical to the appeal of the assessee in ITA No.2435/PUN/2025 for A.Y. 2018-19 therefore, our decision in ITA No.2435/PUN/2025 for A.Y. 2018-19 shall apply mutatis mutandis to the appeal of the assessee in ITA No.2436/PUN/2025 for A.Y. 2019-20. Accordingly, the

6 ITA Nos.2435 & 2436/PUN/2025 appeal of the assessee in ITA No.2436/PUN/2025 for A.Y. 2019-20 is also allowed for statistical purposes. 12. In the result, the appeal filed by the assessee in ITA No.2436/PUN/2025 for A.Y. 2019-20 is allowed for statistical purposes. 13. To sum up, both the above captioned appeals filed by the assessee are allowed for statistical purposes. Order pronounced on this 26th day of May, 2026. Sd/- Sd/- (DR. DIPAK P. RIPOTE) (VINAY BHAMORE) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 26th May, 2026. Sujeet/DOC Sujeet Kumar Digitally signed by Sujeet Kumar Sharma Sharma Date: 2026.05.26 17:25:04 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, “A” ब�च, 4. पुणे / DR, ITAT, “A” Bench, Pune. गाड� फ़ाइल / Guard File. 5. आदेशानुसार / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.