PUNCHA SAMABAY KRISHI UNNAYAN SAMITY LIMITED,BANKURA vs. ACIT, WARD 3(1), , BANKURA
What did the Tribunal hold?
The Tribunal noted that at both the assessment stage before the AO and the appellate stage before the CIT(A), the assessee failed to make proper representation. The CIT(A) had passed an ex parte order because the assessee did not comply with hearing notices and did not produce documents. The Tribunal found that the disallowances were made by the AO due to a lack of adequate evidence, and the appeal was decided ex parte due to non-prosecution by the assessee. In the interest of justice and fair play, the Tribunal deemed it appropriate to provide another opportunity to the assessee to represent its case properly. Therefore, the order of the CIT(A) was set aside, and the appeal was remitted back to the CIT(A) for a fresh decision. The CIT(A) was directed to allow an opportunity of being heard to the assessee and also to grant an opportunity to the AO to represent the case as per Rule 46A of the Income Tax Rules, 1962, if required, and then pass an order in accordance with law. The appeal was allowed for statistical purposes, with a caution to the assessee against seeking unnecessary adjournments.
What were the facts?
The assessee, Puncha Samabay Krishi Unnayan Samity Limited, is a Primary Agricultural Credit Society. For Assessment Year 2021-22, it filed a return declaring nil income. The case was selected for scrutiny, and notices under sections 143(2) and 142(1) were issued, to which the assessee did not respond. The Assessing Officer (AO) completed the assessment under section 143(3) read with section 144B, determining total income at ₹95,82,765/-. This involved disallowances of ₹40,94,242/- under section 80P, ₹52,38,840/- (30% of expenses) for non-verification, and ₹2,49,683/- for depreciation. The assessee appealed to the National Faceless Appeal Centre (NFAC), Delhi. The NFAC dismissed the appeal ex parte due to the assessee's non-compliance with hearing notices and failure to produce evidence, upholding the AO's disallowances. The assessee then filed this appeal before the ITAT.
What were the issues?
1. Whether the Commissioner of Income Tax (Appeal) erred in sustaining the disallowance of ₹40,94,242/- under section 80P of the Income Tax Act, 1961, as made by the Assessing Officer. 2. Whether the Commissioner of Income Tax (Appeal) erred in confirming the ad hoc disallowance of ₹52,38,840/-, representing 30% of claimed expenses, as made by the Assessing Officer. 3. Whether the Commissioner of Income Tax (Appeal) erred in sustaining the disallowance of ₹2,49,683/- for depreciation, as made by the Assessing Officer. 4. Whether the order of the CIT(A) was erroneous, arbitrary, contrary to material on record, based on suspicion, and passed in violation of principles of natural justice due to lack of effective hearing. Assessee's Contentions (implied by grounds of appeal): The assessee contended that the CIT(A) erred in sustaining the disallowances under section 80P, for expenses, and for depreciation. The assessee also argued that the CIT(A)'s order was passed ex parte, without proper hearing, violating natural justice principles. Revenue's Contentions: The Revenue, represented by the DRs, supported the order of the CIT(A). No specific arguments were recorded for the revenue beyond supporting the lower authority's order.
Which sections of the Income-tax Act were involved?
Section 80P,Section 250,Section 143(3),Section 142(1),Section 144B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH KOLKATA
Before: SHRI DUVVURU RL REDDY & SHRI RAKESH MISHRA
Puncha Samabay Krishi The ACIT, Ward (3)(1), Unnayan Samity Limited Bankura Puncha Puncha, Teleberia B.O. Vs. Aaykar Bhavan, Chandari Dihi Teliberia, bankura-722144, Kenduadihi Bankura-722101 West Bengal, West Bengal (PAN: AABAP9285A) (Appellant) (Respondent) Present for: Appellant by : None Respondent by : Shri Sanat Kumar Raha CIT(DR) & Shri S.B. Chakraborty, Sr. DR Date of Hearing : 16.06.2025 Date of Pronouncement : 26.06.2025 O R D E R
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as “the Ld. CIT(A)”) passed u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2021-22 dated 29/01/2025.
The grounds of appeal raised by the assessee are reproduced as un- der:
“1. For that in view of facts and circumstances of the case, learned Commis- sioner of Income Tax (Appeal) erred on facts as well as in law in sustaining the disallowance of Rs. 40,94,242/- preferred under section 80P of the In- come Tax Act, 1961, as disallowed by learned Assessing Officer.
2. For that in view of facts and circumstances of the case, learned Commis- sioner of Income Tax (Appeal) erred on facts as well as in law in confirming disallowance the adhoc of Rs. 52,38,840/-, being 30% of the expenses claimed, as disallowed by learned Assessing Officer.
For that in view of facts and circumstances of the case, learned Commis- sioner of Income Tax (Appeal) erred on facts as well as in law in sustaining the disallowance of Rs. Rs. 2,49,683/-, being the depreciation claimed, as disallowed by the learned Assessing Officer.
4. For that on the facts and in the circumstances of the case, the order of Ld CIT(APPEAL) u/s. 250 read with assessment order u/s 143(3) /144B dated 21.12.2022, as passed by Ld. AO is erroneous, arbitrary, contrary to material on records and based on suspicion and doubts, being passed without allow- ing any effective hearing u/s. 250, passed in violation of principles of natural justice. 4. For that, the appellant craves leave to add further grounds of appeal
or alter any other grounds at the time of hearing.”
03. None represented on behalf of the assessee; therefore, the appeal was heard with the assistance of the ld. DRs.
Brief facts of the case are that the assessee is an Association of Per- son being a Primary Agricultural Credit Society. It filed its return of in- come on 09.03.2022, declaring total income as Rs. Nil. The case of the assessee was selected for complete scrutiny under CASS and notices u/s 143(2) & 142(1) of the Act were issued, but the assessee did not respond to the notices issued. The assessment was completed u/s 143(3) read with section 144B of the Income-tax Act, 1961 (the Act) on 23.04.2021 by assessing the total income of ₹95,82,765/- after making disallowances of ₹40,94,242/-, ₹52,38,840/- and ₹2,49,683/- under section 80P, for non- verification of expenses and disallowance of depreciation on account of addition to fixed assets respectively. Aggrieved with the said order, the assessee preferred an appeal before the ld. CIT (A), who dismissed the appeal of the assessee as the assessee failed to comply with the notices issued for hearing and it was inferred that the assessee has no evidence to substantiate the grounds taken in the course of the appeal and the findings of the AO were confirmed.
Being aggrieved with the order of the ld. CIT (A), assessee has filed the appeal before us.
We have perused the orders of the lower authorities. It is submitted in the Grounds of appeal that the Ld. CIT(A) passed an ex parte order. A perusal of the appeal order of the Ld. CIT (A) shows that during the ap- pellate proceedings, the assessee was given adequate opportunity of hear- ing but there was non-compliance before the Ld. CIT (A) and no docu- ments had been produced before the ld. CIT (A). We find that at both the stages of assessment order before the Ld. AO as well as before the Ld. CIT(A) in the appeal, proper representation was not made on behalf of the assessee. The Ld. DR supported the order of the Ld. CIT(A). While in the assessment disallowance and addition have been made on account of an adequate evidence, the appeal has also been decided ex parte, primarily on account of non-prosecution on behalf of the assessee.
Therefore, we deem it appropriate in the interest of justice and fair play that another opportunity needs to be provided to the assessee to represent its case properly before the Ld. CIT(A) and set aside the order of the Ld. CIT(A) and remit the appeal to him to be decided afresh, who shall allow an opportunity of being heard to the assessee and also grant an opportunity of representing the case and be heard to the Ld. AO as per rule 46A of the Income Tax Rules, 1962, if required, and thereby pass an order in accordance with law. For statistical purposes, the appeal of the assessee is allowed. The assessee shall not seek any unnecessary ad- journments. The Grounds of appeal raised by assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on 26th June, 2025.
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