MANGALA VISHWANATH JOSHI,KOLHAPUR, MAHARASHTRA vs. THE DCIT, CIRCLE 1, KOLHAPUR, KOLHAPUR, MAHARASHTRA

आयकरअपीलीयअिधकरण, पुणेपीठ�, पुणे INCOME TAX APPELLATE TRIBUNAL, PUNE BENCH ‘A’, PUNE BEFORE SHRI R.K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER ITA 2887/PUN/2026 (िनधा�रणवष�/AssessmentYear:2023-2024) MANGALA VISHWANATH JOSHI THE DCIT, CIRCLE 1, KOLHAPUR 19/233, SURVEY COLONY, TARABAI PARK, KOLHAPUR, AAYAKAR BHAVAN, E WARD, KOLHAPUR-416003, NEAR MAHAVIR GARDEN, Vs. MAHARASHTRA TARABAI PARK, KOLHAPUR KOLHAPUR-416003, MAHARASHTRA अपीलाथ�Appellant ��यथ� Respondent Permanent Account Number of Assessee: ADXPJ8913F अपीलाथ��ारा/Appellant represented by: Shri Kiran B. Sanmane ��यथ��ारा/Respondentrepresented by: Shri Uodol Raj Singh सुनवाईक�तारीख/Date of conclusion of hearing: 06.10.2026 घोषणाक�तारीख/Date of pronouncement: 12.10.2026 आदेश / ORDER PERVINAY BHAMORE, JUDICIAL MEMBER : This appeal is filed by the Assessee against the order of Ld. CIT(A)/NFAC, Delhidated 21st April, 2026 in relation to the Assessment Year 2023-24. 2. The Assessee has raised the following grounds of appeal: 1) The learned CIT(A) erred on facts and in law in upholding the impugned best judgement assessment order u/s 144 r.w.s. 144B without appreciating the facts, circumstances and legal position applicable to the

ITA 2887/PUN/2026 MANGALA VISHWANATH JOSHI assessee’s case and without considering the matter on its merits. He also failed to appreciate the fact that, the assessee is a super senior citizen who is residing outside India and was prevented by sufficient and reasonable cause from complying with the notices. 2) The learned CIT(A) as well as the learned AO erred on facts and in law, in treating the foreign currency remittances made outside India amounting to Rs.4,11,01,000 as unexplained investment u/s 69 of the Act. He failed to appreciate that, mere non-filing of explanations cannot automatically lead to addition under section 69 of the Act. He also failed to appreciate that the said remittances were made entirely out of the explained sources i.e. the sale proceeds of residential house property sold in December 2020 which was already offered to tax in respective assessment year. 3) The learned CIT(A) as well as the learned AO erred on facts and in law in treating the investment in time deposits of Rs.1,60,00,000 as unexplained investment u/s 69 of the Act. He erred in uploading the action of the AO in invoking section 69 without establishing that the alleged investment was made out of undisclosed sources and also failed to appreciate that, mere non-filing of explanations cannot automatically lead to addition under section 69 of the Act. He also failed to appreciate that the said remittances were made entirely out of the explained sources i.e. the sale proceeds of residential house property sold in December 2020 which was already offered to tax in respective assessment year. 4) The learned CIT(A) erred on facts and in law in uploading the action of the learned AO in disallowing the eligible deduction claimed u/s 80TTB of the Act who disallowed the claim merely for want of documents, without appreciating the fact that, the assessee is clearly eligible for the subject deduction as she is a senior citizen having interest income from fixed deposits with banks. He failed to appreciate that all these facts which were already available before him in the income tax return filed by the assessee. 5) The appellant craves leave to add, alter, delete OR substitute all OR any of the above grounds of appeal. 3. Facts of the case, in brief, are that the assessee is an individual and return of income for A.Y. 2023-24 was filed u/s.139(1) of the Act on 31.07.2023 declaring total income of Rs.1,14,69,730/-. Case was selected for scrutiny under CASS for verification of Large investment in purchase of foreign currency as compared to returned income. Statutory notices u/s.143(2) ,142(1) and show cause notice u/s.144 of the Act were issued to the assessee calling upon the assessee to file the reply, however, there was no response from the side of assessee. Based on the information

ITA 2887/PUN/2026 MANGALA VISHWANATH JOSHI available with the Department, ld. Assessing Officer observed that assessee has made large investment in (i) purchase of foreign currency amount to Rs.4.11 crore, (ii) Time deposit of 1.60 crore and also claimed deduction of Rs.50,000/- under Chapter VI during the year under consideration. Owing to failure on the part of assessee to respond to various notices and submit the requisite documents, ld. Assessing Officer concluded the assessment proceedings u/s.144 r.w.s.144B of the Act determining the income of the assessee at Rs.6.86 crore, thereby making addition of Rs.4.11 crore on account of investment in foreign currency, addition of Rs.1.60 crore on account of Time deposit and addition of Rs.50,000/- on account of deduction claimed under Chapter VIA of the Act. 4. Being aggrieved by the above additions, assessee preferred appeal before ld.CIT(A) but there being no participation by the assessee in the Appellate proceedings, ld.CIT(A) dismissed the appeal of the assessee in limine. Now the assessee has come up in appeal before this Tribunal. 5. Before us, ld. Counsel for the assessee submitted that assessee is a Senior Citizen and residing outside India. The investment in foreign currency, time deposit and the deduction claimed are out of the explained sources, however, due to reasons beyond control of the assessee, she could not respond to the notices by fling the requisite documents. He further submitted that the assessee is in a position to substantiate her case before the authorities if an opportunity is given to the assessee. He accordingly prayed that in the interest of justice the matter may be set aside to the file of ld.CIT(A) for afresh adjudication. 6. Ld. Departmental Representative on the other hand submitted that despite granting ample opportunity the assessee remained recalcitrant and has not furnished any documents/details, therefore, ld.CIT(A) has rightly dismissed the appeal of the assessee.

ITA 2887/PUN/2026 MANGALA VISHWANATH JOSHI 7. We have considered the arguments made by both the sides and perused the material available on record. We find that in the instant case the assessee has neither participated in the proceedings before the Assessing Officer nor before the First Appellate Authority which resulting in passing of exparte orders making certain additions. It is the submission of ld. Counsel for the assessee submit that the assessee is a senior citizen and residing outside India. Due to the reasons beyond control of the assessee there was no participation and if an opportunity is granted the assessee is in a position to explain the source of investment which is made out of the sale of residential house and paid due taxes. 8. Considering the above factual matrix and the prayer made by the ld. Counsel for the assessee, we in the larger interest of justice deem it appropriate to remit the matter to the file of ld.CIT(A) for afresh adjudication. Assessee is directed to the cooperate with the Department in the set aside proceedings and update her registered email id and contract details on the ITBA portal. Assessee is also directed to present on the appointed date of hearing before ld.CIT(A) without seeking any adjournment unless otherwise required. Impugned order passed by ld.CIT(A) is set aside and grounds of appeal raised by the assessee are allowed for statistical purposes. 9. In the result, appeal filed by the Assessee is allowed for statistical purposes. Order pronounced in the open court on 12th October, 2026. Sd/- Sd/- (R.K. PANDA) (VINAY BHAMORE) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; �दनांक Dated : 12th October, 2026 Sujeet/DOC Digitally signed by Sujeet Kumar Sujeet Kumar Sharma Sharma Date: 2026.10.13 11:16:17 +05'30' 4

ITA 2887/PUN/2026 MANGALA VISHWANATH JOSHI

Copy to: MANGALA VISHWANATH JOSHI, 19/233, SURVEY COLONY, TARABAI PARK, 1 KOLHAPUR, KOLHAPUR-416003, MAHARASHTRA THE DCIT, CIRCLE 1, KOLHAPUR, AAYAKAR BHAVAN, E WARD, NEAR MAHAVIR 2 GARDEN, TARABAI PARK, KOLHAPUR, KOLHAPUR-416003, MAHARASHTRA 3 THE PCIT / CIT, 4 THE D.R., ITAT, A’ PUNEBENCH 5 GUARD FILE आदेशानुसार/ BY ORDER, // True Copy // Assistant Registrar आयकरअपीलीयअिधकरण ,पुणे / ITAT, Pune