M/s.Mattannur Range Agriculturist & Tapping Workers Co-op Society, Kannur V. The ITO, Kannur

ITA 273/COCH/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96716 (ITAT-COCHIN)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2015
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 17-09-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2015
• Court: TRIBUNAL
• Department Lawyers: V R GOPAKUMAR
• Section: 142(1); 148; 144; 139

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH C OCHIN BEFORE S/SHRI B.P. JAIN, AM AND GEORGE GEOR GE K., JM I.T.A. NO. 273/COCH/2015 ASSESSMENT YEAR : 2009-10 M/S. MATTANNUR RANGE AGRICULTURIST & TAPPING WORKERS CO-OPERATIVE SOCIETY, MATTANNUR, KANNUR-670 101. [PAN: AAAAM 6737F] VS. THE INCOME TAX OFFICER, WARD-2, KANNUR. (ASSESSEE APPELLANT) (REVENUE-RESPONDENT) ASSESSEE BY SMT. DIVYA RAVINDRAN, ADV. REVENUE BY SHRI V.R. GOPAKUMAR, SR. DR DATE OF HEARING 17/09/2015 DATE OF PRONOUNCEMENT 21/09/2015 O R D E R PER B.P.JAIN, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS ARISING FROM THE ORDER OF THE CIT(A), KOZHIKODE DATED 30/03/2015 FOR THE ASSESSMENT YEAR 2009-10. 2. THE ASSESSEE HAS RAISED AS MANY AS 12 GROUNDS OF APPEAL. GROUND NOS. 1 TO 9 PERTAIN TO DENIAL OF DEDUCTION U/S. 80P OF T HE INCOME TAX ACT, 1961 WHEREAS GROUND NOS. 10 & 11 ARE WITH REGARD TO NON- FILING OF RETURN OF INCOME BY THE ASSESSEE. THE CIT(A) HAS DISCUSSED IN HIS O RDER IN PARA 2 THAT THE ASSESSEE IS A CO-OPERATIVE SOCIETY ENGAGED IN THE B USINESS OF TODDY AND THE I.T.A. NO.273/COCH/2015 2 RETURN OF INCOME FOR THE IMPUGNED YEAR HAS NOT BEEN FILED BY THE ASSESSEE WITHIN THE PRESCRIBED LIMIT UNDER SECTION 139(1) OR 139(4) OR IN RESPONSE TO NOTICE U/S. 142(1) OR 148 OF THE ACT. THE ASSESSIN G OFFICER COMPLETED THE ASSESSMENT U/S. 144 OF THE ACT DISALLOWING THE CLAI M MADE U/S. 80P OF THE ACT. 3. THE ASSESSEE MADE A WRITTEN SUBMISSION BEFORE TH E CIT(A) WHICH WAS SUBMITTED TO THE ASSESSING OFFICER FOR REMAND REPOR T WHO SUBMITTED THE SAME ON 20 TH MARCH, 2015. AFTER CONSIDERING THE SUBMISSION OF THE ASSESSEE AND THE REMAND REPORT AND FOLLOWING THE DECISION OF THE ITA T, COCHIN BENCH IN THE CASE OF M/S. KADACHIRA SERVICE CO-OPERATIVE BANK LTD. VS . ITO DATED 31/01/2013 REPORTED IN (2013) 30 TAXMAN.COM 32 (COCH. TRIB) WH EREIN IT WAS HELD THAT IF THE SOCIETY FAILED TO FILE ITS RETURN OF INCOME EI THER U/S. 139(1) OR 139(4) OR IN PURSUANCE OF NOTICE ISSUED U/S. 142(1) OR U/S. 148, THE SOCIETY IS NOT ENTITLED TO ANY DEDUCTION U/S. 80P OF THE INCOME TAX ACT, 1961, THE CIT(A) FOUND THAT THE ASSESSEE HAS NOT FILED THE RETURN OF INCOME WITHIN THE PRESCRIBED TIME AND ACCORDINGLY, CONFIRMED THE ORDER OF THE ASSESSING O FFICER. 4. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE ADMITTED THAT THE SAID CASE IS COVERED AGAINST THE ASSESSEE. 5. ON THE OTHER HAND, THE LD. DR RELIED ON THE ORDE RS OF BOTH THE AUTHORITIES BELOW. I.T.A. NO.273/COCH/2015 3 6. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE FACTS OF THE CASE. THE UNDISPUTED FACTS OF THE CASE ARE THAT THE ASSES SEE HAS NOT FILED ITS RETURN OF INCOME WITHIN THE PRESCRIBED TIME EITHER U/S. 13 9(1) OR 139(4) OR IN PURSUANCE OF NOTICE ISSUED U/S. 142(1) OR U/S. 148 OF THE ACT. ON AN IDENTICAL ISSUE IN THE CASE OF M/S. KADACHIRA SERVICE CO-OPER ATIVE BANK LTD. VS. ITO (SUPRA), THE COCHIN BENCH OF THE TRIBUNAL HAS HELD THAT IF THE ASSESSEE HAS FAILED TO FILE ITS RETURN OF INCOME EITHER U/S. 139 (1) OR 139(4) OR IN PURSUANCE OF NOTICE ISSUED U/S. 142(1) OR U/S. 148 OF THE ACT, T HE ASSESSEE IS NOT ENTITLED TO ANY DEDUCTION U/S. 80P OF THE INCOME TAX ACT, 1961. IN THE PRESENT CASE, THE FACTS ARE IDENTICAL TO THE FACTS IN THE CASE OF M/S . KADACHIRA SERVICE CO- OPERATIVE BANK LTD. VS. ITO (SUPRA) AND FOLLOWING T HE SAME, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A) WHO HAS RIGHTL Y CONFIRMED THE ACTION OF THE CIT(A) AND HAS RIGHTLY DENIED DEDUCTION U/S. 80P OF THE ACT. ACCORDINGLY, ALL THE GROUNDS OF THE ASSESSEE ARE DISMISSED. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IN I.T.A. NO.273/COCH/2015 IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 21 -09-2015. SD/- SD/- (GEORGE GEORGE K.) (B.P. JAIN) JUDICIAL MEMBER ACC OUNTANT MEMBER PLACE: KOCHI DATED: 21ST SEPTEMBER, 2015 I.T.A. NO.273/COCH/2015 4 GJ COPY TO: 1. M/S. MATTANNUR RANGE AGRICULTURIST & TAPPING WOR KERS CO-OPERATIVE SOCIETY, MATTANNUR, KANNUR-670 101. 2. THE INCOME TAX OFFICER, WARD-2, KANNUR. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS), KOZHIKO DE. 4. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE. 5. D.R., I.T.A.T.,COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I. T.A.T., COCHIN