INCOME TAX OFFICER - 15(2)(1), MUMBAI vs. MANAV IMPORTS PVT. LTD., MUMBAI

आदेश / ORDER PER SMT. BEENA PILLAI, HON'BLE JUDICIAL MEMBER:

ITA 300 & 793/MUM/2026 MANAV IMPORTS PRIVATE LIMITED

Present cross-appeals arise out of the order passed by NFAC, Delhi [hereinafter referred to as “Ld.CIT(A)”] dated 18/11/2025 for A.Y. 2019-20.

2.1. The Ld. AR further pointed out that, however, the Ld. CIT(A), while disposing of the appeal, adjudicated issues relating to unexplained time deposits of Rs.23,31,000/- and bank interest income of Rs.7,47,005/-, which admittedly do not arise from the reassessment order dated 31/03/2025. It was further pointed out that the Ld. CIT(A) has relied upon an assessment order passed u/s 147 r.w.s. 144 r.w.s. 144B dated 21/03/2023, which was not the subject matter of appeal before him. According to the Ld. AR, the impugned appellate order has been passed with reference to an altogether different assessment proceeding and, therefore, the actual issues arising from the reassessment order dated 31/03/2025 have remained unadjudicated.

ITA 300 & 793/MUM/2026 MANAV IMPORTS PRIVATE LIMITED 2.2. Upon consideration of the record, we find considerable force in the submissions of the Ld. AR. A perusal of the reassessment order dated 31/03/2025 reveals that the addition made therein pertains to unsecured loan of Rs.91,80,641/- allegedly received from M/s Indian Infotech and Software Ltd. However, the issues discussed and adjudicated by the Ld. CIT(A) pertain to altogether different additions. We also find that the appellate authority has proceeded on the basis of another assessment order dated 21/03/2023, which was not under challenge before him.

2.3. Thus, it is evident that the grounds arising from the reassessment order dated 31/03/2025 have not been adjudicated by the Ld. CIT(A). In our considered opinion, the impugned order suffers from a serious factual and legal infirmity inasmuch as the appeal has been disposed of without examining the issues arising from the assessment order under challenge.

2.4. Accordingly, in the interest of justice, we set aside the impugned order of the Ld. CIT(A) and restore the matter to his file with a direction to adjudicate afresh the appeal arising from the reassessment order dated 31/03/2025 after providing adequate opportunity of hearing to both parties and by passing a reasoned and speaking order in accordance with law.

2.5. Since the matter is being restored to the file of the Ld. CIT(A) on the aforesaid preliminary issue, we do not deem it necessary to adjudicate the grounds raised by the assessee as well as the Revenue on merits. All issues are left open for adjudication before the Ld. CIT(A).

ITA 300 & 793/MUM/2026 MANAV IMPORTS PRIVATE LIMITED In the result, the appeals of both the assessee and the Revenue are allowed for statistical purposes.

Order pronounced in the open court on 25/06/2026.

Sd/- Sd/- JAGADISH BEENA PILLAI ACCOUNTANT MEMBER JUDICIAL MEMBER

Mumbai Dated: 25/06/2026 SC. Sr. P.S.

Copy to: MANAV IMPORTS PRIVATE LIMITED , 5/6, VISHNU BHAVAN, K.A SUBRAMANIUM ROAD, OPP. SIES 1 SCHOOL MATUNGA,, MUMBAI-400019, MAHARASHTRA

INCOME TAX OFFICE 15(2)(1), 204, 2ND FLOOR, AAYAKAR BHAVAN, 2 MK ROAD,, MUMBAI-400020, MAHARASHTRA

3 THE PCIT / CIT, 4 THE D.R., ITAT, MUMBAI BENCH 5 GUARD FILE