INCOME TAX APPELLATE TRIBUNAL (PUNE BENCH)
HEX BLOX CO OPERATIVE HSG SOC LTD KHARGHAR NAVI MUMBAI – Appellant
Versus
DEPUTY COMMISSIONER OF INCOME TAX CIRCLE PANVEL PANVEL RAIGARH – Respondent
ITA 2229/PUN/2025[2016-17]
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IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH “A”, PUNE
BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER
AND
SHRI Dr. DIPAK P. RIPOTE, ACCOUNTANT MEMBER
ITA No.2229/PUN/2025
Assessment Year : 2016-17
Hex Blox Co Operative Hsg. Soc. Ltd., DCIT, Circle-Panvel
Plot No. 269, Sector 10, Kharghar , Vs.
Raigarh, Navi Mumbai-410210
PAN : AAAAH8055P
(Appellant) (Respondent)
Assessee by : N O N E
Revenue by : Shri Rajesh Haladkar,
Addl. CIT
Date of hearing : 22-07-2026
Date of pronouncement : 23-07-2026
आदेश /ORDER
PER Dr. DIPAK P. RIPOTE, A.M :
This is an appeal filed by the assessee against the order of
the Learned Commissioner of Income Tax (Appeals), NFAC,
Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961
(‘the Act’) for AY 2016-17 on 25.11.2024, emanating from the
Assessment Order u/s 143(3) of the Act, dated 10.12.2018.
2. The assessee has raised following grounds of appeal :
“1. The Hon’ble CIT (A) has erred in sustaining an addition made
by the Ld. Assessing Officer without appreciating the facts as
well as law.
2. The Hon’ble CIT(A) has erred in substanting the addition /
disallowances made by the Ld. Assessing officer inspite of he
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ITA No. 2229/PUN/2025
having appreciating the fact as can be seen from para 4.3 of
CIT(A) order that
"The AO did not make sufficient efforts to ensure that
responses were sought in a reasonable timeframe,
particularly since notices were issued close to the time
barring date."
3. The Hon’ble CIT (A) has erred in confirming the addition made
by Ld. Assessing Officer to the tune of Rs.42,85,144/-, without
appreciating the fact that Ld. Assessing Officer ought to have
called for the details from Saraswat Bank as per provisions of
section 133(6) of the I.T. Act, 1961, as were called for from PMC
Bank before taking any adverse view.
4. The Hon’ble CIT (A) has erred in not appreciating the fact that
the Ld. Assessing Officer has failed to discharge its duty of
verifying the facts inspite of fact of interest earned from
Saraswat Bank being on record of Ld. Assessing Officer.
5. The appellant craves leave to add, amend, alter and/or vary
any of the grounds at the time/ before the hearing of the
appeal.
6. The appellant therefore prays that the deduction correctly
claimed by the appellant not disallowed by Ld. Assessing
Officer vide an assessment order though stated to have been
passed u/s 143(3) of the I.T. Act, 1961, but practically being an
ex-parte order, coupled with the fact of even Hon’ble CIT(A)
having failed to carry out exercise of verifying the same from
Bank, the matter may please be set aside to the office of Ld.
Assessing Officer with a direction to conduct assessment
proceedings afresh after offering an opportunity of being heard
to the appellant.”
3. On 13.01.2026 and 25.02.2026, the case was adjourned at
the request of authorized representative of the assessee.
However, no one appeared on 07.05.2026 and 15.06.2026. No
one appeared on behalf of the assessee nor any adjournment
letter has been filed by the assessee. Similarly, today on
22.07.2026 no one appeared on behalf of the assessee nor any
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ITA No. 2229/PUN/2025
adjournment letter has been filed. It is also noted that there
was non-compliance before the Ld. CIT(A) and Assessing Officer.
It seems that the assessee is not interested in pursuing appeal.
Therefore, we proceed to decide the appeal ex-parte qua the
assessee with the assistance of Ld. Departmental
Representative.
Basic Facts :
4. The brief facts of the case as per the statements of facts
are as under :
“Appellant, a co-operative housing society limited, had filed its
return of income for the year under consideration on 10/03/2017
declaring its total income of Rs.49,010/- after claiming deduction of
Rs.93,77,779/- u/s 80P of the I.T. Act, 1961.
The case having been selected for complete scrutiny under
CASS, notice u/s 143(2) / 142(1) of the L.T. Act, 1961, were issued.
However according to Ld. Assessing Officer there being no response
from appellant an ex-parte assessment order (though stated to be an
order u/s 143(
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