The Bharat Co-op Thrift & Credit Society Ltd , Delhi V. ITO ,ward-35(1) Delhi, Delhi

ITA 1870/DEL/2022

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The case involves The Bharat Co-op. Thrift & Credit Society Ltd., which appealed against the order of the CIT(A), NFAC, Delhi, confirming the disallowance of a deduction under section 80P(2)(d) of the Income-tax Act, 1961, amounting to Rs. 7,46,204. The deduction was initially disallowed by the Assessing Officer, leading to an increased assessed income. The assessee's appeal to the CIT(A) was unsuccessful, prompting the appeal to the ITAT. The ITAT allowed the appeal for statistical purposes, acknowledging the need to verify additional evidence submitted by the assessee, which was not available during the earlier proceedings.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 108547 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 31-01-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 17-08-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 143(3)

Judgement Text

1 ITA No. 1870/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No. _1870/DEL/2022 [Assessment Year: 2018-19 The Bharat Co-op. Thrift & Credit Society Ltd., 33/12, Shakti Nagar, Delhi-110007 PAN- AADAT4021E Vs Income-tax Officer, Ward-35(1), New Delhi. APPELLANT RESPONDENT Assessee represented by Shri K. Sampath, Adv. & Shri V. Rajakumar, Adv. Department represented by Ms. Maimun Alam, Sr. DR Date of hearing 01.02.2023 Date of pronouncement 16.02.2023 O R D E R PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 25.07.2022, pertaining to the assessment year 2018-19. The sole effective ground raised by the assessee is as under: “On the facts and in the circumstances of the case and in law the NFAC, CIT(A), Delhi (Qua) erred in confirming the action of the Assessing Officer disallowing deduction u/s 80P(2)(d) of the Act to the extent of Rs. 7,46,204/- holding the same to be excess claim.” 2 ITA No. 1870/Del/2022 2. Facts giving rise to the present appeal are that for the assessment year under consideration i.e. 2018-19, the assessee filed its return of income electronically on 24.12.2018 declaring total income at Rs. 83,170/-. The assessment was completed u/s 143(3) of the income-tax Act, 1961, hereinafter referred to as the “Act” at the total income of Rs. 29,49,260/- after disallowing the claim of Rs. 28,66,098/- u/s 80P(2)(d) of the Act. Aggrieved against this the assessee preferred appeal before the learned CIT(Appeals), who after considering the submissions, confirmed the action of the Assessing Officer. Aggrieved, now the assessee is in appeal before this Tribunal. 3. The assessee has filed an application dated 20.12.2022 under rule 29 of the ITAT, Rules, 1963, seeking permission of the Tribunal to bring on record the corrigendum dated 26.07.2022 issued by The Delhi State Cooperative Bank Ltd. qua the certificate for interest for the FY 2017-18 dated 27.10.2020. It is submitted by the learned AR that the additional evidence, sought to be admitted, goes to the root of the matter and was not available with the assessee during the pendency of matter before the authorities below. The learned DR opposed the submissions but could not controvert the aforesaid factual position. In view of above, the application moved by the assessee u/s 29 of the ITAT Rules for admission of the additional evidence is allowed and the matter is restored to the file of the Assessing Officer to verify the veracity of the corrigendum dated 26.07.2022 issued by The 3 ITA No. 1870/Del/2022 Delhi State Cooperative Bank Ltd. qua the certificate for interest for the FY 2017- 18 dated 27.10.2020 and decide the issue afresh in accordance with law after affording reasonable opportunity of being heard to the assessee. Hence, the impugned order is hereby set aside and the grounds raised by the assessee are allowed for statistical purpose only. 4. Appeal of the assessee is allowed for statistical purposes. Order pronounced in open court on 16 th February, 2023. Sd/- (KUL BHARAT) JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Draft dictated 13.02.2023 Draft placed before author 13.02.2023 Approved Draft comes to the Sr. PS/PS Order signed and pronounced on File comes to P.S. File sent to the Bench Clerk Date on which file goes to the AR Date on which file goes to the Head Clerk Date of dispatch of Order Date of uploading on the website