RAMTANU NAGARI SAHAKARI PATHPEDI LTD., Mumbai V. ITO 28(2)(5), Mumbai

ITA 1992/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5049 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 04-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SOMNATH WAJALE
• Keywords: Opportunity of being heard
• Section: 80P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, M UMBAI BEFORE SHRI SHAMIM YAHYA, AM ITA NO.1992/MUM/2019 (ASSESSMENT YEAR: 2013-14) RAMTANU NAGARI SAHAKARI PATHPEDI LTD. SHOP NO.2, SAI VIHAR BUILDING, SECTOR-24, TURBHE, NAVI MUMBAI-400 705 VS. INCOME TAX OFFICER 28(2)(5), MUMBAI PAN/GIR NO. AAAAR 4466 L ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI SOMNATH WAJALE DATE OF HEARING : 06.10.2020 DATE OF PRONOUNCEMENT : 08.10.2020 O R D E R PER SHAMIM YAHYA, A. M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-26, MUMBAI (L D.CIT(A) FOR SHORT) DATED 31.12.2018, PERTAINING TO THE ASSESSMENT YEAR (A.Y. ) 2013-14, WHEREIN AFTER NOTING THAT THE ASSESSEE HAS NOT RESPONDED TO THE NOTICES FOR H EARING AND THE LD. CIT(A) HAS DISMISSED THE ASSESSEES APPEAL. 2. THE GROUNDS RAISED BY THE ASSESSEE READ AS UNDER : 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN UPHOLDING THE ADDITION OF RS.50,000/- IN RESPECT OF PROVISION TOW ARDS NPA FUND. 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN DISALLOWING THE CLAIM OF DEDUCTION UNDER SECTION 80P OF THE INCOME TAX ACT, 1961. 2 ITA NO. 1992/MUM/2019 RAMTANU NAGARI SAHAKARI PATHPEDI LTD.VS. ITO 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A CORPORATIVE CREDIT SOCIETY. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE ASSESSING OFFICER (A.O. FOR SHORT) WAS OF THE OPINION THAT SUB SECTION (4) OF SECTION 80P IS ATTR ACTED AND ACCORDINGLY INTER ALIA DENIED THE ASSESSEES CLAIM FOR DEDUCTION U/S.80P OF THE A CT. THE A.O. DID NOT DEAL WITH THE CASE LAW REFERRED BY THE LD. COUNSEL OF THE ASSESSEE. 4. UPON THE ASSESSEES APPEAL, THE LD. CIT(A) DISMI SSED THE ASSESSEES APPEAL BY CRYPTICALLY OBSERVING AS UNDER: 6. DURING THE COURSE OF APPELLATE PROCEEDINGS, THE APPELLANT HAS NOT COMPLIED TO ANY OF THE NOTICES AS STATED ABOVE NOR ANY SUBMISSIONS WERE MADE. HENCE, IT CAN BE INFERRED THAT THE ASSESSEE HAS NOTHING TO SAY IN SUPPORT OF THE GROUNDS OF APPEAL. THEREFORE, THERE IS NO TO DEVIATE FROM THE ORDER OF THE A.O. HENCE, THE ADDITION MADE BY THE ASSESSING OFFICER DURING THE COURSE OF ASSESSMENT PROCEEDINGS FOR A.Y. 2013-14 IS CONFIRMED. THE APPELLANTS GROUNDS OF APPEAL ARE DISMISSED. 5. AGAINST THIS ORDER, THE ASSESSEE IS IN APPEAL BE FORE THE ITAT. 6. I HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE (LD. DR FOR SHORT) AND PERUSED THE MATERIAL AVAILABLE ON RECORD. I FIND THAT THE L D. CIT(A) HAS BASICALLY DISMISSED THE ASSESSEES APPEAL FOR NON-PROSECUTION AND HE HAS NO T DECIDED UPON THE MERITS OF THE CASE. MOREOVER, THE ISSUE WHETHER SECTION 80P, SUB SECTIO N (4) IS ATTRACTED IN THE CASE OF CO- OPERATIVE CREDIT SOCIETY IS ALREADY BEEN DEALT WITH BY SEVERAL DECISIONS OF THE HON'BLE HIGH COURTS. 7. IN THIS VIEW OF THE MATTER, IN MY CONSIDERED OPI NION, THE INTEREST OF JUSTICE WILL BE SERVED THE ISSUE IS REMITTED TO THE FILE OF THE LD. CIT(A). THE LD. CIT(A) IS DIRECTED TO ADJUDICATE UPON THE MERITS OF THE ISSUES IN APPEAL AFTER GIVING THE ASSESSEE A PROPER OPPORTUNITY OF BEING HEARD AND THEREAFTER HE SHALL PASS A SPEAKING ORDER. 3 ITA NO. 1992/MUM/2019 RAMTANU NAGARI SAHAKARI PATHPEDI LTD.VS. ITO 8. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED UNDER RULE 34(4) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1962, BY PLACING THE DETAILS ON THE NOTICE BOARD ON 08.10.20 20. SD/- (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI; DATED : 08.10.2020 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD FILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI