Mackintosh Burn Co-Operative Credit Society Ltd., Kolkata V. ITO, WD-35(4), KOLKATA, Kolkata

ITA 1094/KOL/2015

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4818 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-07-2019
• Assessment Year: 2011-2012
• Appeal Filed On: 13-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROBNI CHOUDHURY
• Section: 143(1); 80P; 154

Judgement Text

, B , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 1094 / KOL / 2015 ASSESSMENT YEAR :2011-12 MACKINTOSH BURN CO- OPERAIVE CREDIT SOCIETY LTD., C/O SRI S.L.KOCHAR, ADVOCATE,86, CANNING STREET, KOLKATA-700001 [ PAN NO.AAAM 7324 N ] V/S . INCOME TAX OFFICER WARD-35(4), 110, SHANTIPALLY, KOLKAT-107 /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI ANIL KOCHAR, ADVOCATE /BY RESPONDENT SHRI ROBNI CHOUDHURY, CIT-DR /DATE OF HEARING 24-07-2019 /DATE OF PRONOUNCEMENT 09-08-2019 / O R D E R PER S.S.GODARA, JUDICIAL MEMBER:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2011-12 ARISES AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)10, KO LKATAS ORDER DATED 27.05.2015 PASSED IN CASE NO.202/CIT(A)-10/WD -35(4)/2013-14/KOL, INVOLVING PROCEEDINGS U/S 154 OF THE INCOME TAX ACT , 1961; IN SHORT THE ACT. 2. FOR THE REASON STATED IN ASSESSEES CONDONATION PETITION DATED 12.08.2015 STATING REASONS OF 13 DAYS DELAY IN FILI NG TO CIRCUMSTANCES BEYOND CONTROL ON ACCOUNT OF COMMUNICATION GAP AND NO OBJE CTION FROM THE REVENUE SIDE, WE CONDONE THE IMPUGNED DELAY OF 13 DAYS IN F ILING OF INSTANT APPEAL. HEARD BOTH THE PARTIES. CASE FILE PERUSED. ITA NO.1094/KOL/2015 A.Y. 2011-12 MACKINTOSH BURN CO-OP CREDIT SOCIETY LTD. VS. IT O WD-35(4) KOL. PAGE 2 3. LEARNED COUNSEL STATES AT THE OUTSET THAT THE AS SESSEE IS AGGRIEVED AGAINST THE DEPARTMENTS ACTION AND MORE PARTICULAR LY THE CPC PROCESSING FOLLOWED BY THE ASSESSING OFFICERS INTIMATION DISA LLOWING ITS SEC. 80P DEDUCTION CLAIM. HE QUOTES HON'BLE JURISDICTIONAL H IGH COURTS DECISION IN PEERLESS GENERAL FINANCE INVESTMENT CO. PVT. LTD. V S. CIT (2010) 320 ITR 622 (CAL) AND RAVI BAJAJ DEASJAN PVT. LTD. VS. ITO (CPC) ITA NO. 926/DEL/2012 DATED 04.10.2017 THAT SUCH AN INTIMATI ON HAS TO BE ONLY IN AN INSTANCE PRESCRIBED U/S 143(1) EXPLANATION (A)(I) I NVOLVING AN INCORRECT CLAIM APPARENT FROM ANY INFORMATION IN THE RETURN AS PER THE CLINCHING STATUTORY EXPRESSION EMPLOYED THEREIN. WE FIND THAT THE ASSES SEE HAD MOVED SEC. 154 RECTIFICATION BEFORE THE ASSESSING OFFICER WHICH ST OOD DECLINED ON 11.07.2013. IT THEN RAISED THE FOREGOING LEGAL ISSUE BEFORE THE CIT(A). THE CIT(A)S ORDER IN PARA 3.1 MAKE OUT CLEAR THAT HE DOES NOT POSE SU CH A JURISDICTION SINCE THE IMPUGNED LIS HAS EMANATED AGAINST A RECTIFICATION O RDER ONLY. 4. WE HAVE GIVEN OUR THOUGHTFUL CONSIDERATION TO RI VAL CONTENTIONS. WE FIND THAT THE ASSESSEES LEGAL PLEA HAS NOT BEEN ADJUDIC ATED UPON IN THE CIT(A)S ORDER. COUPLED WITH THIS, THE ASSESSING OFFICER HAS ALSO NOT DECIDED THE ASSESSEES GRIEVANCE AGAINST THE DENIAL OF SEC. 80P DEDUCTION. WE THEREFORE ARE OF THE VIEW THAT THE ISSUE DESERVES TO BE RESTO RED BACK TO THE ASSESSING OFFICER FOR AFRESH ADJUDICATION ON ALL FACTUAL AS W ELL AS LEGAL ASPECTS. WE ORDER ACCORDINGLY. THE CONSEQUENTIAL PROCEEDINGS SHALL BE FINALIZED WITHIN THREE EFFECTIVE OPPORTUNITIES OF HEARING. THE ASSESSEE SH ALL BE AT LIBERTY TO RAISE ALL LEGAL FACTUAL PLEAS BEFORE THE ASSESSING OFFICER AS PER LAW. 5. THIS ASSESSEES APPEAL IS ALLOWED FOR STATISTICA L PURPOSES IN ABOVE TERMS. ORDER PRONOUNCED IN THE OPEN COURT 0 9/08/2019 SD/- SD/- ( %) (' %) ( A.L.SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) KOLKATA, *DKP (- 09 / 08 /201 9 ITA NO.1094/KOL/2015 A.Y. 2011-12 MACKINTOSH BURN CO-OP CREDIT SOCIETY LTD. VS. IT O WD-35(4) KOL. PAGE 3 / COPY OF ORDER FORWARDED TO:- 1 . /APPELLANT-MACKINTOSH BURN CO-OPERATIVE CREDIT SOCI ETY LTD., C/O S.L.KOCHAR ADVOCATE, 86, CANNING STREET, KOLKATA-001 2 . /RESPONDENT-ITO WARD-35(4), 110, SHANTIPALLY, KOLKA TA-107 3. 3 4 / CONCERNED CIT KOLKATA 4. 4- / CIT (A) KOLKATA 5 . 7 ''3, 3, / DR, ITAT, KOLKATA 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ 3,