Shri. Shivaji Maharaj Credit Co-op Society Ltd, Bijapur V. Income-Tax Officer, Ward-1 & TPS, Vijayapura

ITA 1050/BANG/2022

AI Insights

The case involves Shri Shivaji Maharaj Credit Co-op. Society Ltd., which appealed against the order of the NFAC dated 26.9.2022 for the assessment year 2015-16. The appeal was initially filed manually, which was not in compliance with the amended Rule 45 of the Income Tax Rules, 1962, requiring electronic filing for certain entities. The NFAC dismissed the manual appeal as invalid, granting liberty to file a valid appeal electronically. The Income Tax Appellate Tribunal (ITAT) in Bangalore, after hearing the submissions, allowed the appeal and directed the assessee to file electronically within 30 days, emphasizing adherence to the procedural requirements set by the CBDT notifications.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129220 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-03-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 09-11-2022
• Laws Referred To: Income Tax Act, Income Tax Rules 1962
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 101

Judgement Text

ITA No.1050/Bang/2022 Shri Shivaji Maharaj Credit Co-op. Society Ltd., Bijapur IN THE INCOME TAX APPELLATE TRIBUNAL “B’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No.1050/Bang/2022 Assessment Year: 2015-16 Shri Shivaji Maharaj Credit Co-op. Society Ltd. No.1, Opp. Lakshmi Temple Main Road Bijapur 586 101 Karnataka PAN NO : Vs. ITO Ward-1 & TPS Vijayapura APPELLANT RESPONDENT Appellant by : Smt. Preethi S. Patel, A.R. Respondent by : Shri Gudimella VP Pavan Kumar, D.R. Date of Hearing : 08.03.2023 Date of Pronouncement : 08.03.2023 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of NFAC dated 26.9.2022 for the assessment year 2015-16. 2. The appeal was originally filed with CIT(A), Belgaum, and thereafter migrated to the National Faceless Appeal Centre in terms of Notification No.76 of 2020 in SO 3296(E) dated 25.9.2020 followed by Notification No.139 of 2021 in F.No.370142/66/2021-TPL vide SO 5429(E) dated 28.12.2021 issued by CBDT, New Delhi. Then,appeal was instituted before NFAC on 9.6.2018. ITA No.1050/Bang/2022 Shri Shivaji Maharaj Credit Co-op. Society Ltd., Bijapur Page 2 of 3 2.1 Facts of the case are that the assessee is a co-operative credit society and is liable to furnish its return of income electronically under Rule 12 of Income Tax Rules 1962. Further, as per the amended Rule 45 of Income Tax Rules, 1962 as notified by CBDT vide Notification No.11/2016 dated 1 st March, 2016, in case of such persons who are liable to furnish the return electronically, any appeal thereof shall also be filed electronically in Form No.35 with effect from 01.03.2016. 2.2 However, in assessee’s case, the NFAC observed that on perusal of Form No.35 it was revealed that the appeal has been filed manually on 2 nd February, 2018. Since the appeal has not been filed electronically in accordance with Rule 45 read with Rule 12, the appeal filed manually before NFAC, it was treated as invalid and hence NFAC has dismissed the appeal in limine with liberty to file a valid appeal in accordance with Rule 45 of the Act. 3. We have heard the rival submissions and perused the materials available on record. The ld. A.R. pleaded for an opportunity to file appeal electronically before NFAC as per amended Rule 45 of the Income Tax Rules, 1962 as notified by CBDT Notification No.11/2016 dated 1.3.2016. We accede to the request of the assessee. Accordingly, we direct the assessee to file appeal electronically as per the amended Rule of 45 of the Income Tax Rules, 1962 and the assessee shall file appeal within 30 days from the date of receipt of this order of the Tribunal and the NFAC has to consider the appeal, if so filed and decide the issue on merits. Ordered accordingly. ITA No.1050/Bang/2022 Shri Shivaji Maharaj Credit Co-op. Society Ltd., Bijapur Page 3 of 3 4. In the result, the appeal of the assessee is allowed. Order pronounced in the open court on 8 th Mar, 2023 Sd/- (Beena Pillai) Judicial Member Sd/- (Chandra Poojari) Accountant Member Bangalore, Dated 8 th Mar, 2023. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(Judicial) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore.