The Telangan Non-Gazetted Officers Mutually Aid Co-op Housing Society Limited, Hyderabad V. ITO Ward-5(2), Hyderabad

ITA 196/Hyd/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6372 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2018-2019
• Appeal Filed On: 23-05-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80C; 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD ‘B’ BENCH, HYDERABAD. BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER (Through Virtual Hearing) ITA No.196/Hyd/2021 (Assessment Year : 2018-19) The Telangana Non-Gazetted Officers Mutually Aided Co-op. Housing Society Limited, Hyderabad. PAN AACAT 4191J .....Appellant. Vs. Income Tax Officer, Ward 5(2), Hyderabad. .....Respondent. Appellant By : None. Respondent By : Ms. Matta Padma (D.R.) Date of Hearing : 09.12.2021. Date of Pronouncement : 15.12.2021. O R D E R Per Shri S.S. Godara, J.M. : This assessee’s appeal for Asst. Year 2018-19 arises from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi’s order dt.31.03.2021 passed 2 ITA No.196/Hyd/2021 in case No.ITBA/NFAC/S/250/2020-21/1032047633(1) in proceedings under Section 250 of Income Tax Act, 1961 (‘the Act’). Case called twice. None appeared at assessee's behest. We accordingly proceed exparte. 2. The assessee raises the following substantive grounds in the instant appeal : 3 ITA No.196/Hyd/2021 3. Learned department representative took us to CIT(A)’s detailed discussion dealing with instant issue as under : 4 ITA No.196/Hyd/2021 5 ITA No.196/Hyd/2021 4. It has come on record in CIT(A)’s detailed discussion. We thus quote the decision adopt stricter interpretation inter alia of Collector of Customs Vs. Dilip Kumar & Co. (2018) 9 SCC1(SC) to affirm the CIT(A) lower appellate action finding declining 80C deduction in issue. 5. Now comes the assessee's plea of mutuality in its sole substantive ground. There is no indication in the case file as to what manner it fulfills the three conditions thereof i.e. a complete identity between class of contributors and participators, their action to be in furtherance to mandate of the mutual association and no scope of profiteers by contributor from a fund made by them which could only be expanded or returned to themselves; in light of Bangalore Club Vs. CIT (2013) 350 ITR 509 (SC). We thus reject the assessee's mutuality benefit plea. 6 ITA No.196/Hyd/2021 7. This assessee's appeal is dismissed in above terms. Order pronounced in the open court on 15th Dec., 2021. Sd/- Sd/- (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt.15.12.2021. * Reddy gp Copy to : 1. The Telangana Non-Gazetted Officers Mutually Aided Co-op. Housing Society Limited, D.no.5-5-404/2, Telangana Bhavan, Room No.21, Nampally, Hyderabad-500 001 2. ITO, Ward 5(2),Hyderabad. 3. Pr. C I T , Hyderabad. 4. CIT(Appeals)- Hyderabad. 5. DR, ITAT, Hyderabad. 6. Guard File. By Order Sr. Pvt. Secretary, ITAT, Hyderabad.