The Tiruchirapalli District Central Cooperative Bank Ltd., Trichy V. DCIT, Trichy

ITA 1791/CHNY/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86329 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 25-02-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 24-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N RENGARAJ
• Assessee Lawyers: A S SRIRAMAN
• Keywords: Opportunity of being heard; Principle of natural justice
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . , . ' #$ , % & BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER ./ ITA NO.1791/MDS/2013 % $ ($ / ASSESSMENT YEAR : 2010-11 THE TIRUCHIRAPALLI DISTRICT CENTRAL COOPERATIVE BANK LTD., P.B. NO.324, FORT STATION ROAD, TIRUCHIRAPALLI. PAN : AAAAT 5036 C V. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE I(1), TIRUCHIRAPALLI. (*+/ APPELLANT) (,-*+/ RESPONDENT) *+ . / / APPELLANT BY : SHRI A.S. SRIRAMAN, ADVOCATE ,-*+ . / / RESPONDENT BY : SHRI N. RENGARAJ, CIT - DR ' . 0 / DATE OF HEARING : 25.02.2015 1( . 0 / DATE OF PRONOUNCEMENT: 05.03.2015 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), TIRUCHIRAPALLI, DATED 26.07.2013 RELEVANT TO THE ASSESSMENT YEAR 20 10-11. 2. FACTS IN BRIEF ARE THAT THE ASSESSEE IS A CO-OPE RATIVE BANK. IT HAD FILED ITS RETURN OF INCOME BY DECLARING NIL INC OME. THE RETURN 2 I.T.A. NO. 1791/MDS/2013 FILED BY THE ASSESSEE WAS PROCESSED UNDER SECTION 1 43(1) OF THE INCOME-TAX ACT, 1961 AND AFTER DUE PROCESS, THE ASS ESSMENT WAS COMPLETED UNDER SECTION 143(3) OF THE ACT. THE A.O . HAS DISALLOWED VARIOUS CLAIMS MADE BY THE ASSESSEE AND THE SAME WAS CONSIDERED AS INCOME OF THE ASSESSEE. 3. ON BEING AGGRIEVED, THE ASSESSEE CARRIED THE MAT TER BEFORE THE LD. CIT(APPEALS). THE LD. CIT(APPEALS) SUSTAIN ED THE ADDITIONS MADE BY THE A.O. AND THUS CONFIRMED THE ORDER OF TH E A.O. 4. ON BEING AGGRIEVED, THE ASSESSEE CARRIED THE MAT TER IN APPEAL BEFORE THE TRIBUNAL. AT THE TIME OF HEARING , THE LD.COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE ASSESSEE HA D RECEIVED THE NOTICE OF HEARING DATED 24.07.2013 AND THE CASE WAS FIXED FOR HEARING BY THE LD. CIT(APPEALS) ON 25.07.2013. THE ORDER WAS PASSED ON 26.07.2013. THE LD. COUNSEL SUBMITTED TH AT NO SUFFICIENT OPPORTUNITY WAS GIVEN TO THE ASSESSEE TO REPRESENT ITS CASE BEFORE THE FIRST APPELLATE AUTHORITY IN A PROPER PERSPECTI VE. HE PLEADED THAT THE MATTER MAY GO BACK TO THE ASSESSEE GIVING A REA SONABLE OPPORTUNITY TO PLEAD ITS CASE BEFORE THE FIRST APPE LLATE AUTHORITY. 5. ON THE OTHER HAND, THE LD. D.R. SUPPORTED THE OR DERS PASSED BY THE AUTHORITIES BELOW. 3 I.T.A. NO. 1791/MDS/2013 6. WE HAVE HEARD BOTH SIDES AND PERUSED THE RECORDS AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. FROM THE NOTICE FILED BY THE ASSESSEE, WE FIND THAT THE LD. CIT(APP EALS) HAD ISSUED THE NOTICE OF HEARING ON 24.7.2013 ASKING THE ASSES SEE TO APPEAR ON 25.07.02013 AT 3.30 P.M. THE LD. CIT(APPEALS) P ASSED AN ORDER VERY NEXT DAY, I.E. 26.07.2013. FROM THE ABO VE IT IS CLEAR THAT THE ASSESSEE HAS GOT ONLY ONE DAY TIME TO REPRESENT ITS CASE BEFORE THE LD. CIT(APPEALS). IN OUR OPINION, THE LD. CIT( APPEALS) OUGHT TO HAVE GIVEN SOME MORE REASONABLE TIME TO THE ASSESSE E TO PLEAD ITS CASE BEFORE HIM. THEREFORE, IN THE INTEREST OF JUS TICE AND ALSO BY CONSIDERING THE PRINCIPLE OF NATURAL JUSTICE, WE SE T ASIDE THE ORDER PASSED BY THE LD. CIT(APPEALS) AND WE DIRECT THE LD . CIT(APPEALS) TO GIVE A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND DECIDE THE ISSUE RAISED BY IT IN ACCORDANCE WITH LA W. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON THURSDAY, THE 5 TH OF MARCH, 2015 AT CHENNAI. SD/- SD/- ( . ) ( . ' #$ ) (A. MOHAN ALANKAMONY) (V. DURGA RAO) /ACCOUNTANT MEMBER % /JUDICIAL MEMBER /CHENNAI, > /DATED, THE 5 TH MARCH, 2015. KRI. 4 I.T.A. NO. 1791/MDS/2013 ? . ,%0@A BA(0 /COPY TO: 1. *+ /APPELLANT 2. ,-*+ /RESPONDENT 3. ' C0 () /CIT(A), TIRUCHIRAPALLI 4. ' C0 /CIT-I, TIRUCHIRAPALLI 5. A E# ,%0% /DR 6. #$ F /GF.