Ms Jharkhand State co-operative lac Marketing & Procurement Fed. Ltd., , Ranchi V. DCIT,Circle-3, Ranchi

ITA 291/RAN/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 3298 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 17-09-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ANAND PASARI; NITIN PASARI
• Section: 143(3); 201; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 291 & 292 / RAN / 201 8 ASSESSMENT YEARS :2013-14 & 2014-15 M/S JHARKHAND STATE CO- OPERATIVE LAC MARKETING & PROCUREMENT FED. LTD., PURULIA ROAD, RANCHI- 833001 [ PAN NO.AABAJ 7707 M ] V/S . DCIT, CIRCLE-3, RANCHI /APPELLANT .. / RESPONDENT /BY ASSESSEE SHRI NITIN PASARI, AR & SHRI ANAND PASARI, ADVOCATE /BY REVENUE SHRI AJAY SINGH, ADDL. CIT-DR /DATE OF HEARING 02-03-2020 /DATE OF PRONOUNCEMENT 02-03-2020 / O R D E R PER BENCH (ORAL):- THESE TWO ASSESSEES APPEALS FOR ASSESSMENT YEARS 2013-14 AND 2014-15 ARISE AGAINST THE COMMISSIONER OF INCOME T AX (APPEALS)-RANCHIS SEPARATE ORDERS; BOTH DATED 28.06.2018 PASSED IN CA SE NOS.CIT(A), RANCHI/10032/2017-18 & CIT(A), RANCHI/10381/2016-17 ; RESPECTIVELY INVOLVING PROCEEDINGS U/S 143(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD SHRI NITIN PASARI & ANAND PASARI ADVOCATE(S) REPRESENTING ASSESSEE AND SHRI AJAY SINGH APPEARING AT THE REVE NUES BEHEST. CASE FILES PERUSED. ITA NO.291-292/RAN/2018 A.YS. 13 -14 & 14-15 M/S JHARKHAND STATE CO-OP LAC MARKETING & PROCUREME NT FED LTD. VS. DCIT CIR-2, RANCHI PAGE 2 2. WE NOTICE AT THE OUTSET DURING THE COURSE OF HEA RING THAT BOTH THE LOWER AUTHORITIES HAVE DECLINED SEC.10(27) EXEMPTION TO T HE ASSESSEE TO THE TUNE OF RS.96,34,099/- AND RS.84,09,048/-; ASSESSMENT YEAR- WISE, RESPECTIVELY. MORE PARTICULARLY, THE CIT(A) QUOTED HIS LOWER APPELLATE ORDER IN ASSESSMENT YEAR 2012-13 IN REJECTING THE VERY EXEMPTION CLAIM. LEAR NED AUTHORIZED REPRESENTATIVE SUBMITTED THAT THIS TRIBUNALS CO-OR DINATE BENCHS ORDER IN ASSESSEES APPEAL ITSELF ITA NO.199/RAN/2017 FOR AS SESSMENT YEAR 2012-13 DATED 29.11.2018 HAS ALREADY GRANTED THE INSTANT SO LE ISSUE OF SEC. 10(27) EXEMPTION BACK TO THE ASSESSING OFFICER FOR AFRESH ADJUDICATION. WE THEREFORE FOLLOW LEARNED CO-ORDINATES BENCHS ORDER AND REST ORE THE INSTANT IDENTICAL ISSUE BACK TO THE ASSESSING OFFICER TO BE ADJUDICAT ED IN THE LIGHT OF HIS FINDINGS OF ASSESSMENT YEAR 2012-13. 3. THESE TWO ASSESSEES APPEALS ARE ALLOWED FOR STA TISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE CLOSE OF HEARING ON MONDAY 2 ND MARCH, 2020 . SD/- SD/- ( ) ($% ) (DR. A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) RANCHI, *DKP SR.P.S. &- 02 / 03 /20 20 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S JHARKHAND STAT CO-OP. LAC MARKETING & PROCUREMENT FED LTD. PURULIA ROAD, RANCHI 2. /REVENUE-DCIT, CIR-3, RANCHI 3. 1 3 / CONCERNED CIT RANCHI 4. 3- / CIT (A) RANCHI 5. 6 %%1, 1, / DR, ITAT, RANCHI 6. < / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR.PS, (ON TOUR), RA NCHI