AA509 KOONAMPATTI PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LIMITED,TIRUPUR V. .INCOME TAX OFFICER, WARD 2(1) ERODE, ERODE

ITA 2474/CHNY/2024

AI Insights

The case involves the Koonampatti Primary Agricultural Co-operative Credit Society Limited, which appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The original assessment was made by the Income Tax Officer, Ward 2(1) Erode for the assessment year 2012-13 under sections 144 read with section 147 of the Income Tax Act, 1961. The appellant argued that the principles of natural justice were not properly followed by the lower authorities. The Tribunal, after considering the submissions, decided to set aside the previous order and remand the case for a fresh assessment, emphasizing the need for a fair hearing.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 29308 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 20-09-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: T.M. SUGANTHAMALA; IRS
• Assessee Lawyers: A. VIJAYALAKSHMI
• Keywords: Principle of natural justice
• Section: 147

Judgement Text

" आयकर अपीलीय अिधकरण ‘बी’’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ (SMC) BENCH, CHENNAI माननीय ŵी मनोज क ुमार अŤवाल ,लेखा सद˟ एवं माननीय ŵी मनु क ुमार िगįर, Ɋाियक सद˟ क े समƗ। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER आयकरअपील सं./ ITA No.2474/Chny/2024 (िनधाŊरणवषŊ / Assessment Year: 2012-2013) AA509 Koonampatti Primary Agricultural Co-operative Credit Society Limited, K. Thottiyapalayam, Kavuthampalayam (PO) Kunnathur 638 109. Tamil Nadu [PAN: AACAA 0771B] Vs. The Income Tax Officer, Ward 2(1) Erode (अपीलाथȸ/Appellant) (Ĥ×यथȸ/Respondent) अपीलाथȸ कȧ ओर से/ Appellant by : Mrs A. Vijayalakshmi, C.A., Ĥ×यथȸ कȧ ओर से /Respondent by : Ms. T.M. Suganthamala, IRS, Addl. CIT. सुनवाई कȧ तारȣख/Date of Hearing : 11.12.2024 घोषणा कȧ तारȣख /Date of Pronouncement : 13.12.2024 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member) This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in order No.ITBA/NFAC/S/250/2023-24/1053368090 (1) dated 31.05.2023. The assessment was framed by the Income Tax Officer, Ward 2(1) Erode for the assessment year 2 ITA No.2474/Chny/2024 2012-13 u/s.144 rws 147 of the Income Tax Act, 1961 (hereinafter the ‘Act’), vide order dated 23.12.2019. 2. Before us, ld. Counsel for the appellant submitted that the ld. AO as well as the ld. CIT(A) had not properly followed the principles of natural justice in true spirit. Ld. Counsel for the appellant further prayed that if an adequate opportunity of hearing is given before ld.AO, assessee will prosecute the case in assessment proceedings properly. Per contra, the ld.Addl. CIT-DR relied upon the orders of the lower authorities and prayed for dismissal of appeal. 3. We have gone through the orders of lower authorities and submissions addressed by both parties before us. We are of the considered view that in the interest of justice assessee should be given one more opportunity before the Assessing Officer to prosecute his case. Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. AO for denovo assessment on merits after affording proper opportunity of hearing to the assessee subject to cost of Rs.10,000/- which shall be deposited by the assessee within 30 days from the date of receipt of this order to ‘Tamil Nadu State Legal Services Authority’ at Hon’ble High Court of Madras. The proof of the same will be furnished by the Assessee before Ld.AO. The assessee is directed to substantiate its case forthwith without any fail, failing which Ld.AO shall be at liberty to proceed with the denovo assessment on merits. 3 ITA No.2474/Chny/2024 4. In the result, appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the open court on 13th day of December, 2024 at Chennai. Sd/- Sd/- (मनोज क ुमार अŤवाल) (मनु क ुमार िगįर) (MANOJ KUMAR AGGARWAL) लेखा सद˟ / ACCOUNTANT MEMBER (MANU KUMAR GIRI) Ɋाियक सद˟ / JUDICIAL MEMBER चेɄई Chennai: िदनांक Dated : 13-12-2024 KV आदेश कȧ ĤǓतͧलͪप अĒेͪषत /Copy to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT, Chennai/Coimbatore/Madurai/Salem. 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF "