SHRI VARDHAMAN NAGRI SAHAKARI PATSANSTHA LTD.,PACHORA vs. ITO WARD 1(4), JALGAON, JALGAON

आयकर अपीलीय अधिकरण ”एस एम सी” न्यायपीठ पुणेमें।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “SMC” :: PUNE

BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER

आयकर अपऩल सं. / ITA No.2452/PUN/2025
निर्धारण वषा / Assessment Year: 2016-17
Shri
Vardhaman
Nagari
Sahakari Patsanstha Ltd.,
1061,
Shivaji
Chowk,
Bhadgaon Road, Pachora,
Maharashtra – 424201. V s
The Income Tax Officer,
Ward-1(4), Jalgaon.
PAN: AACAS3361F

Appellant/ Assessee

Respondent / Revenue

Assessee by Shri Vinay Kawdia – (through virtual)
Revenue by Shri Sandeep Sathe – DR
Date of hearing
08/12/2025
Date of pronouncement 16/12/2025

आदेश/ ORDER

PER DR. DIPAK P. RIPOTE, AM:

This is an appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC] passed under section 250 of the Income Tax Act, 1961 for the A.Y.2016-17 dated
22.10.2025 emanating from the Assessment Order passed under section 147 r.w.s 144B of the Act, dated 14.03.2024. The Assessee has raised the following grounds of appeal :
“1) On the facts and in the circumstances of the case and in law, assessment made in respect of an issue that was not disclosed in notice issued u/s 148A(b) is bad in law and liable to be quashed.

ITA No.2452/PUN/2025 [A]

2) On the facts and circumstances of the case and in law, notice u/s.
148 Dt. 27.03.2023 issued by ITO, Ward 1(4), Jalgaon is bad law and void-ab-initio for want of juri iction in view of Section 151A read with CBDT Notification dt. 29.03.2022. 3) On the facts and in the circumstances of the case and in law, the CIT(A), NFAC has erred in confirming the disallowance of Rs.
5,41,121/- made by AQ u/s 80P of the Act on the ground that assessee has not submitted its ITR as per the provisions of Sec. 139(1) of the Income Tax Act, 1961 by relying on the decision in case of M/s.
Nileshwar Rangekallu Chethu Thozhilali Vyavasaya Sahakarana
Sangham [2023] 152 taxmann.com 347 (Kerala), facts of which are not applicable to the instant case.

4) The appellant craves the permission to add, amend, modify, alter, revise, substitute, delete any or all grounds of appeal, if deemed necessary at the time of hearing of the appeal.”

Findings & Analysis :