The Nargund Taluka Agricultural Produce Co-operative Marketing Society Limited , Gadag V. Income Tax Officer Ward-2, Gadag

ITA 3113/BANG/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8670 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 19-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: MRINALINI R
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-C BENCH : BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO. 3113 (BANG) 2018 (ASSESSMENT YEAR : 2014 15) M/S. THE NARGUND TALUKA AGRICULTURAL PRODUCE CO OPERATIVE MARKETING SOCIETY LTD., APPELLANT NARGUND DIST. GADAG PAN. AABAT4398L VS THE ITO, WARD II, GADAG. RESPONDENT ASSESSEE BY : MS MRINALINI R., ADVOCATE REVENUE BY : SMT. PADMAMEENAKSHI, JCIT (DR) DATE OF HEARING : 03-12-2018 DATE OF PRONOUNCEMENT : 21-12-2018 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE AND IT IS DIRE CTED AGAINST THE ORDER OF CIT (A) HUBBALLI DATED 12.10.2018 FOR A. Y. 2014 15. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER: - GROUNDS OF APPEAL TAX EFFECT RELATING TO EACH GROUND OF APPEAL (SEE NOTE BELOW) 1. THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) IS ILLEGAL, BASELESS AND OPPOSED TO THE FACTS OF THE CASE. 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN CONFIRMING THE ADDITION OF 4,11,050 TOWARDS INTEREST EXPENDITURE. THE EXPENSES RELATING THE GINNING AND PRESSING UNIT HAS NOT BEEN PROPERTY APPORTIONED TO THE SAID UNIT. RS. 1,55,050 3. THE ASSESSEE PRAYS LEAVE TO ADD ANY MORE GROUNDS OF APPEAL BEFORE OR AT THE TIME OF HEARING. TOTAL TAX EFFECT (SEE NOTE BELOW) RS. 1,55,050 ITA NO. 3113(BANG)2018 2 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE OR DER OF CIT (A) IS EX PARTE QUA THE ASSESSEE. SHE SUBMITTED THAT IN THE I NTEREST OF JUSTICE, THE MATTER SHOULD BE RESTORED TO CIT (A) FOR FRESH DECISION AF TER HEARING THE ASSESSEE. LEARNED DR OF THE REVENUE SUPPORTED THE ORDERS OF T HE LOWER AUTHORITIES AND PLACED RELIANCE ON THE JUDGMENT OF HONBLE APEX COU RT RENDERED IN THE CASE OF CITIZEN CO-OPERATIVE SOCIETY LIMITED VS. ACIT, 397 ITR 1. SHE ALSO SUBMITTED THAT IT IS NOTED BY CIT (A) IN PARA 3 OF HIS ORDER THAT THE CASE WAS FIXED FOR HEARING ON FOUR DATES I.E. ON 17.08.2018, 10.09.201 8, 18.09.2018 & 09.10.2018 BUT NO RESPONSE FROM THE ASSESSEE. SHE SUBMITTED TH AT IN VIEW OF THIS, RESTORING OF THE MATTER TO CIT (A) IS NOT JUSTIFIED. 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND I FI ND THAT THIS IS TRUE THAT THE CASE WAS FIXED FOR HEARING ON FOUR DATES I.E. ON 17 .08.2018, 10.09.2018, 18.09.2018 & 09.10.2018 AND THERE WAS NO RESPONSE F ROM THE ASSESSEE ON ANY DATE BUT THIS IS ALSO SEEN THAT LEARNED CIT (A) HAS NOT DECIDED THE ISSUE ON MERIT AND HE SIMPLY CONFIRMED THE ORDER OF THE AO. I THER EFORE FEEL IT PROPER TO RESTORE THE MATTER TO CIT (A) FOR FRESH DECISION AFTER HEAR ING THE ASSESSEE. I ORDER ACCORDINGLY AND IN VIEW OF THIS DECISION, I DO NOT MAKE ANY COMMENT ON MERIT OF THE CASE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 21.12.2018 /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.