Primary Agriculture Co Op Credit Society Limited , Karimngar V. Income Tax Officer, Ward-2, Karimnagar

ITA 292/Hyd/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 9817 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-A
• Assessment Year: 2017-2018
• Appeal Filed On: 09-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PHANENDRA SUSARLA
• Section: 80P; 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD. BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER (THROUGH VIRTUAL HEARING) ITA NO. 292 /HYD/20 20 (ASST. YEAR : 20 71 - 18 ) M/S. PRIMARY AGRICULTURE CO - OPERATIVE CREDIT SOCIETY LIMITED, CHOPPADANDI, KARIMNAGAR. .APPELLANT. PAN AABAP 4912C VS. INCOME TAX OFFICER, WARD 2, KARIMNAGAR. ..RESPONDENT . PAN ABCPL 8904D APPELLANT BY : SHRI PHANENDRA SUSARLA. RESPONDENT BY : SHRI A.P. BABU (D.R) DATE OF HEARING : 01.07. 2021. DATE OF PRONOUNCEMENT : 06 .0 7 .2021. O R D E R PER S MT. P. MADHAVI DEVI , J.M. : THIS IS ASSESSEE'S APPEAL FOR ASSESSMENT YEAR 20 17 - 18 AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) - 2 , 2 ITA NO. 292/HYD/2020 HYDERABAD DT. 18.02.2020 BY RAISING THE FOLLOWING GROUNDS OF APPEAL : 2. AT THE TIME OF HEARING, IT IS NOTICED THAT THE ASSESSMENT WAS COMPLETED U/S. 144 OF THE ACT AND THE ORDER OF THE CIT(A) IS ALSO EXPARTE . THE ASSESSEE DUE TO NON - APPEARING OF THE ASSESSEE BEFORE HIM . THE ASSESSEE'S CLAIM OF EXEMPTION U/S. 80P OF T HE ACT WAS DENIED ON ACCOUNT OF NON - FILING OF RETURN OF INCOME. SINCE BOTH THE ASSESSMENT ORDER AS WELL AS ORDER OF THE CIT(A) ARE EXPARTE THE ASSESSEE, WE DEEM IT FIT AND PROPER TO REMIT THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO CONSID ERATION IN ACCORDANCE WITH LAW. NEEDLESS TO MENTION THAT THE ASSESSEE 3 ITA NO. 292/HYD/2020 SHALL BE GIVEN A FAIR OPPORTUNITY OF HEARING AND THE ASSESSEE ALSO IS DIRECTED TO APPEAR AND CO - OPERATE WITH THE ASSESSING OFFICER FOR EARLY COMPLETION OF THE ASSESSMENT. 3. IN THE RESULT, THE ASSESSEE'S APPEAL IS ALLOWED FOR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON 6TH JULY , 2021. SD/ - SD/ - (A. MOHAN ALANKAMONY) (SMT. P. MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER HYDERABAD, DT. 6TH JULY , 2021. * REDDY GP COPY TO : 1. M/S. PRIMARY AGRICULTURAL CO - OP. CREDIT SOCIETY LIMITED, D.NO.1 - 5 - 375, OPP. ANDHRA BANK NEAR KAMAN, CHOPPADANDI, KARIMNAGA R - 505 415. 2. ITO, WARD - 2, KARIMNAGAR. 3. PR. C I T - 2, HYDERABAD. 4. CIT(APPEALS) - 2, HYDERABAD. 5. DR, ITAT, HYDERABAD. 6. GUARD FILE. BY ORDER SR. PVT. SECRETARY, ITAT, HYDERABAD.