The Jaleswar Cooperative Large Sized Agricultural Credit Society Ltd., , North 24 Parganas V. ITO, Ward - 49(1) , Kolkata

ITA 2630/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 6626 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 20-12-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RANU BISWAS CIT SR DR REVEN
• Assessee Lawyers: MANISH TIWARI
• Keywords: Opportunity of being heard; Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH (SMC), KOLKATA [BEFORE SHRI P.M. JAGTAP, VICE PRESIDENT, KZ] I.T.A. NO. 2630/KOL/2018 ASSESSMENT YEAR: 2012-13 THE JALESWAR COOPERATIVE LARGE SIZED AGRICULTURE CREDIT SOCIETY LTD..............APPELLANT GAIGHATA BAZAR, GAIGHATA, NORTH 24 PGS. 743 249. [PAN: AADAT 6969 R] ITO, WARD 49(1) KOLKATA............................RESPONDENT KOLKATA. APPEARANCES BY: SHRI MANISH TIWARI, FCA APPEARING ON BEHALF OF THE ASSESSEE. SMT. RANU BISWAS, ADDL. CIT, SR. DR APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : APRIL 24, 2019 DATE OF PRONOUNCING THE ORDER : MAY 01, 2019 ORDER THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A) 15, KOLKATA DATED 11.05.2018 PASSED EX-PARTE WHEREBY HE DISMISSED THE APPEAL OF THE ASSESSEE. 2. THE ASSESSEE IN THE PRESENT IS CO-OPERATIVE SOCIETY WHICH IS CARRYING ON THE ACTIVITY OF SALE OF AGRICULTURAL PRODUCE AND NON- BANKING. THE RETURN OF INCOME FOR THE YEAR UNDER CONSIDERATION WAS FILED BY IT ON 16.03.2013 DECLARING A TOTAL INCOME AT NIL. IN THE ASSESSMENT COMPLETED U/S 143(3) VIDE AN ORDER DATED 13.02.2015, THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED BY THE AO AT RS. 19,05,228/- AFTER DISALLOWING THE CLAIM OF THE ASSESSEE FOR DEDUCTION U/S 80P(2) OF THE ACT IN RESPECT OF INTEREST INCOME OF RS. 19,05,228/- EARNED BY THE ASSESSEE FROM NON-COOPERATIVE BANK AND THE SOCIETY. 2 I.T.A. NO. 2630/KOL/2018 ASSESSMENT YEAR: 2012-13 THE JALESWAR CO-OPERATIVE LARGE SIZED AGRICULTURAL CREDIT SOCIETY LTD. 3. AGAINST THE ORDER PASSED BY THE AO U/S 143(3), AN APPEAL WAS PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND SINCE THERE WAS NO COMPLIANCE ON THE PART OF THE ASSESSEE TO THE NOTICES ISSUED BY HIM FIXING THE SAID APPEAL FOR HEARING FROM TIME TO TIME, THE LD. CIT(A) DISMISSED THE APPEAL OF THE ASSESSEE VIDE HIS APPELLATE ORDER DATED 11.05.2018 PASSED EX-PARTE. AGGRIEVED BY THE ORDER OF THE LD. CIT(A), THE ASSESSEE HAS PREFERRED THIS APPEAL BEFORE THE TRIBUNAL. 4. I HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE APPEAL OF THE ASSESSEE WAS FIXED FOR HEARING BY THE LD. CIT(A) ON 12.01.2018 BUT DUE TO BIG PROCESSION FOR VIVEKANANDAS BIRTH DAY AND CONSEQUENT TRAFFIC BLOCKAGE OF THE WAY, THE AUTHORISED REPRESENTATIVE OF THE ASSESSEE, MR. SHYAM MULLICK COULD NOT REACH THE OFFICE OF THE LD. CIT(A) IN TIME. KEEPING IN VIEW THIS SUBMISSION MADE BY THE LEARNED COUNSEL FOR THE ASSESSEE WHICH IS DULY SUPPORTED BY AN AFFIDAVIT FILED BY THE MANAGER OF THE SOCIETY, I AM SATISFIED THAT THERE WAS A SUFFICIENT CAUSE FOR THE NON-APPEARANCE OF THE ASSESSEE WHEN ITS APPEAL WAS FIXED FOR HEARING BEFORE THE LD. CIT(A) ON 12.01.2018. I, THEREFORE, SET ASIDE THE IMPUGNED ORDER PASSED BY LD. CIT(A) EX-PARTE AND REMIT THE MATTER BACK TO HIM FOR DISPOSING OF THE APPEAL OF THE ASSESSEE AFRESH ON MERIT AFTER GIVING PROPER AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. AS UNDERTAKEN BY THE LEARNED COUNSEL FOR THE ASSESSEE, THE ASSESSEE SHALL MAKE DUE COMPLIANCE BEFORE THE LD. CIT(A) AND SHALL EXTEND ALL THE COOPERATION IN ORDER TO ENABLE THE LD. CIT(A) TO DISPOSE OF THE APPEAL EXPEDITIOUSLY. 3 I.T.A. NO. 2630/KOL/2018 ASSESSMENT YEAR: 2012-13 THE JALESWAR CO-OPERATIVE LARGE SIZED AGRICULTURAL CREDIT SOCIETY LTD. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST MAY, 2019. SD/- (P.M. JAGTAP) VICE PRESIDENT DATED: 01/05/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. THE JALESWAR CO-OPERATIVE LARGE SIZED AGRICULTURE CREDIT SOCIETY LTD., GAIGHATA BAZAR, GAIGHATA, NORTH 24 PGS. 743 249. 2. ITO, WARD-49(1), KOLKATA. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, ASSISTANT REGISTRAR / H.O.O. ITAT, KOLKATA