ADIVASI UNNATI CO-OPERATIVE CREDIT SOCIETY LIMITED,PALGHAR vs. CIT CIRCLE PALGHAR, PALGHAR
What did the Tribunal hold?
The Tribunal restored the appeal back to the Assessing Officer for a fresh assessment, directing the assessee to furnish necessary documents and allowing the Assessing Officer to take an adverse view if the assessee fails to respond.
What were the facts?
The assessee, a cooperative credit society, failed to file its return of income and participate in assessment proceedings. The Assessing Officer made additions under sections 69A and 68 of the Income Tax Act. The assessee also failed to respond to notices issued by the CIT(A).
What were the issues?
Whether the CIT(A) order should be upheld due to the assessee's non-compliance, or if a fresh opportunity for assessment is warranted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Mumbai “SMC” Bench, Mumbai.
Before: Shri Vikas Awasthy (JM) & Shri Amarjit Singh (AM)
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)’] dated 29.9.2023, for assessment year 2017-18.
The notice of hearing of the appeal was sent to the assessee through RPAD. The notice was duly served as the Charted Accountant, who has been authorised to represent the assessee has filed a reply to the defects pointed by the Registry in signing of Form No. 36. However, none has appeared to represent the assessee nor any letter seeking adjournment has been filed on behalf of the assessee. The appeal is against an ex-parte order passed by the First Appellate Authority.
2 Adivasi Unnati Cooperative Credit Society Limited
Shri Krishna Kumar representing the Department submitted that the assessee is recalcitrant and has least respect for the process of law. The assessee has neither filed return of income for the impugned assessment year nor participated in assessment proceedings despite service of notice. Except for furnishing basic details in tapal, no further explanation/documents were been furnished by the assessee. Thereafter, the assessee after filing appeal before the CIT(A) has failed to respond to the notices issued by the CIT(A) on various dates. The learned DR vehemently prayed for upholding the order of CIT(A) and dismissing appeal of the assessee.
We have heard the submissions made by learned DR and have examined the records. The assessee is a cooperative credit society. As is apparent from assessment order, no return of income was filed by the assessee for A.Y. 2017-18. Further, the assessee has failed to furnish necessary details in assessment proceedings. Hence, the Assessing Officer was constrained to complete the assessment under section 144 of the Income Tax Act, 1961 (refer to ‘Act’). The Assessing Officer made addition of Rs. 35,12,500/- under section 69A of the Act on account of cash deposits during demonetization period. The Assessing Officer further made addition of Rs. 6,61,250/- on account of unexplained receipts under section 68 of the Act.
Aggrieved by the aforesaid additions the assessee carried the issue in appeal before the CIT(A).
In First Appellate proceedings, the CIT(A) had issued notice to the assessee on four occasions. However, the assessee failed to respond to any of these notices. Taking into consideration entire facts and in the interest of justice, we deem it appropriate to restore this appeal back to the Assessing Officer for making a fresh assessment after affording reasonable opportunity
3 Adivasi Unnati Cooperative Credit Society Limited of making submissions to the assessee, in accordance with the law. The assessee is directed to furnish reply/necessary documents in response to the notice served by the Assessing Officer. In case, the assessee fails to respond to the notice, the Assessing Officer is at liberty to take an adverse view.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced in the open court on Monday the 6th Day of May, 2024.
More judgments on Section 69A
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- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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