Mauli Nagari Sahakari Patsanstha Maryadit Vs ITO (ITAT Pune)
The Income Tax Appellate Tribunal (ITAT) Pune reviewed three appeals by Mauli Nagari Sahakari Patsanstha Maryadit concerning penalties and tax additions for the assessment year 2013-14. The case arose after the Assessing Officer (AO) reopened the assessment, citing unreported cash deposits of ₹4.67 crores in multiple banks and cooperative societies. Due to non-compliance with statutory notices, the AO finalized the assessment under sections 147, 144, and 144B of the Income Tax Act, determining the income at the said amount. Additionally, penalties of ₹40,000 under section 271(1)(b) for non-compliance and ₹1.44 crore under section 271(1)(c) for concealment were imposed. The CIT(A)-NFAC upheld these additions and penalties in an ex-parte order, as the assessee failed to respond to notices.
The assessee argued that the non-response resulted from a change in email ID, preventing receipt of CIT(A)-NFAC notices. They requested an opportunity to present their case. The ITAT acknowledged the lack of response but considered the assessee’s claim of miscommunication. In the interest of justice, the ITAT restored the matter to CIT(A)-NFAC, granting a final chance to the assessee to provide supporting evidence. The tribunal emphasized compliance with hearing schedules and directed CIT(A)-NFAC to resolve the case per legal provisions. The appeals were allowed for statistical purposes.
