M/s Raichur Central Co-operative Bank Limited , Raichur V. Director of Income Tax (Intelligence & Criminal Investigation) , Bangalore

ITA 2837/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 1428 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-06-2019
• Assessment Year: 2006-2007
• Appeal Filed On: 12-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR SHANKAR PRASAD
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI N.V VASUDEVAN, VICE PRESIDNET AND SHRI B.R BASKARAN, ACCOUNTANT MEMBER ITA NOS.2837 TO 2841/BANG/2018 ASSESSMENT YEARS : 2006-07 TO 2010-11 M/S RAICHUR CENTRAL CO-OPERATIVE BANK LTD., P.B NO.33, NO.12.7.149/1, RDCC BANK ADMINISTRATIVE BUILDING, GUNJ ROAD, RAICHUR-584 102. PAN AAIFR 6876 R. VS. THE DIRECTOR OF INCOME-TAX (INTELLIGENCE & CRIMINAL INVESTIGATION), BANGALORE. APPELLANT RESPONDENT APPELLANT BY : SHRI NARENDRA SHARMA, ADVOCATE RESPONDENT BY : DR. SHANKAR PRASAD, ADDL. CIT DATE OF HEARING : 10.06.2019 DATE OF PRONOUNCEMENT : .06.2019 O R D E R PER BENCH: ALL THESE APPEALS FILED BY THE ASSESSEE ARE DIRECT ED AGAINST THE EX-PARTE ORDERS PASSED BY LD CIT(A)-10, BENGALURU A ND THEY RELATE TO THE ASSESSMENT YEARS 2006-07 TO 2010-11. IN ALL THESE APPEALS, THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT (A) IN DISMISSING THE APPEALS BY HOLDING THAT THEY ARE NOT MAINTAINAB LE. 2. THE ASSESSEE IS A CO-OPERATIVE BANK. THE LD DIT (INTELLIGENCE & CRIMINAL INVESTIGATION) NOTICED THAT THE ASSESSEE HAS NOT FILED ITA NOS.2837 TO 2841/BANG/2018 PAGE 2 OF 5 ANNUAL INFORMATION RETURN AS REQUIRED BY THE PROVIS IONS OF SEC.285BA OF THE ACT FOR ALL THE YEARS UNDER CONSID ERATION. ACCORDINGLY HE LEVIED PENALTY U/S 271FA OF THE ACT IN ALL THE YEARS UNDER CONSIDERATION FOR THE ABOVE SAID FAILURE. 3. THE ASSESSEE CHALLENGED THE ORDERS SO PASSED BY LD DIT (INTELLIGENCE & CRIMINAL INVESTIGATION) BY FILING A PPEALS BEFORE LD CIT(A). THE FIRST APPELLATE AUTHORITY, HOWEVER, TOO K THE VIEW THAT THE ORDER PASSED U/S 271FA OF THE ACT IS NOT AN APPEALA BLE ORDER IN TERMS OF PROVISIONS OF SEC.246A OF THE ACT. ACCORDI NGLY HE DISMISSED ALL THE APPEALS FILED BY THE ASSESSEE BEFORE HIM HO LDING THEM AS INFRUCTUOUS. 4. AGGRIEVED, THE ASSESSEE HAS FILED THESE APP EALS BEFORE US. 5. THE LD A.R SUBMITTED THAT IMPUGNED PENALTY H AS BEEN LEVIED U/S 271FA OF THE ACT AND THE SAID SECTION FALLS UND ER CHAPTER XXI OF THE INCOME TAX ACT. ADVERTING OUR ATTENTION TO CLAUSE (Q) OF SUB.SEC.(1) OF SEC.246A OF THE ACT, THE LD A.R SUBM ITTED THAT AN ORDER IMPOSING PENALTY UNDER CHAPTER XXI IS INCLUDE D IN THE LIST OF APPEALABLE ORDERS BEFORE LD CIT(A). ACCORDINGLY HE SUBMITTED THAT THE LD CIT(A) WAS NOT CORRECT IN LAW IN HOLDING THA T THE IMPUGNED ORDERS ARE NOT APPEALABLE BEFORE HIM. 6. THE LD D.R, ON THE CONTRARY, SUPPORTED THE O RDERS PASSED BY LD CIT(A). ITA NOS.2837 TO 2841/BANG/2018 PAGE 3 OF 5 7. WE HEARD THE PARTIES AND PERUSED THE RECORD. WE HAVE GONE THROUGH THE PROVISIONS OF SEC.246A, WHICH LISTS OUT THE ORDERS APPEALABLE BEFORE COMMISSIONER (APPEALS). CLAUSE ( Q) OF SUB.SEC.(1) OF SEC.246A READS AS UNDER:- (Q) AN ORDER IMPOSING A PENALTY UNDER CHAPTER XXI ADMITTEDLY, THE IMPUGNED ORDERS HAVE BEEN PASSED U/ S 271FA, WHICH FALLS UNDER CHAPTER XXI OF THE INCOME TAX ACT . HENCE THE LD CIT(A) WAS NOT CORRECT IN LAW IN OBSERVING THAT THE ORDERS PASSED U/S 271FA ARE NOT APPEALABLE BEFORE HIM U/S 246A OF THE ACT. ACCORDINGLY WE SET ASIDE THE ORDERS PASSED BY HIM F OR ALL THE YEARS UNDER CONSIDERATION. SINCE THE LD CIT(A) HAS NOT A DJUDICATED THE GROUNDS ON MERITS, WE RESTORE ALL THE MATTERS TO HI S FILE FOR ADJUDICATING THE APPEALS OF THE ASSESSEE ON MERITS. 8. IN THE RESULT, ALL THE APPEALS OF THE ASSESS EE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JUNE, 2019. SD/ - (N.V VASUDEVAN) VICE PRESIDENT SD/ - (B.R BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED, 10 TH JUNE, 2019. / VMS / ITA NOS.2837 TO 2841/BANG/2018 PAGE 4 OF 5 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3 . THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER A SST. REGISTRAR, ITAT, BANGALORE. ITA NOS.2837 TO 2841/BANG/2018 PAGE 5 OF 5 1. DATE OF DICTATION 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER . 3. DATE ON WHICH THE APPROVED DRAFT COMES TO SR.P.S .. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER .. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S. .. 6. DATE OF UPLOADING THE ORDER ON WEBSITE.. 7. IF NOT UPLOADED, FURNISH THE REASON FOR DOING SO .. 8. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 9. DATE ON WHICH ORDER GOES FOR XEROX & ENDORSEMENT 10. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 11. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER . 12. THE DATE ON WHICH THE FILE GOES TO DISPATCH SEC TION FOR DISPATCH OF THE TRIBUNAL ORDER . 13. DATE OF DESPATCH OF ORDER. ..