K. C. A. Bank Limited (Primary Agricultural Credit Co-Operative Society Limited), Chikkamagaluru V. Principal Commissioner Of Income Tax, Chikkamagaluru

ITA 448/BANG/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8540 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 12-08-2021
• Assessment Year: 2015-2016
• Appeal Filed On: 26-05-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAHESH R UPPIN
• Keywords: Revision of order; Opportunity of being heard; Principle of natural justice; Set aside
• Section: 263

Judgement Text

ITA NO.448/BANG/2020 K.C.A. BANK LTD., CHIKKAMAGALURU DIST. IN THE INCOME TAX APPELLATE TRIBUNAL CBENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.448/BANG/2020 ASSESSMENT YEAR: 2015-16 K.C.A. BANK LTD. (PRIMARY AGRICULTURAL CREDIT CO- OP. SOCIETY LTD.) KALASA, MOODIGERE TALUK CHIKKAMAGALURU 577 124. PAN NO :AAAAK3508N VS. PR. CIT, MYSURU & ITO WARD-1 CHIKKAMAGALURU APPELLANT RESPONDENT APPELLANT BY : SHRI MAHESH RUPPIN, A.R. RESPONDENT BY : SHRI PRADEEP KUMAR, D.R. DATE OF HEARING : 12.08.2021 DATE OF PRONOUNCEMENT : 12.08.2021 O R D E R PERB.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE REVISION ORDER DATED 19.8.2020 PASSED BY LD. PR. CIT, MYSURU U/S 263 OF THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT] FOR T HE ASSESSMENT YEAR 2015-16. 2. THE LD. COUNSEL APPEARING FOR THE ASSESSEE SUBMI TTED THAT THE LD. PR. CIT ISSUED THE SHOW CAUSE NOTICE ON 7.3 .2020 AFTER INITIATION OF REVISION PROCEEDINGS U/S 263 OF THE A CT. ON THE DATE OF HEARING, THE ASSESSEE SOUGHT ADJOURNMENT AND ACCORD INGLY, THE LD. PRINCIPAL CIT GRANTED TIME UP TO 19.3.2020 TO FURNI SH THE DETAILS. SUBSEQUENTLY, THE LD. PR. CIT PASSED THE IMPUGNED O RDER ON ITA NO.448/BANG/2020 K.C.A. BANK LTD., CHIKKAMAGALURU DIST. PAGE 2 OF 3 19.3.2020, OBSERVING THAT THE ASSESSEE HAS NOT SUBM ITTED HIS REPLY TILL THAT DATE. THE LD. A.R. SUBMITTED THAT THE RE PRESENTATIVE OF THE ASSESSEE HAS FURNISHED THE DETAILS THROUGH E-MAIL O N 13.3.2020 AND THE SAME HAS NOT BEEN TAKEN INTO CONSIDERATION BY LD. PRINCIPAL CIT. THE ASSESSEE ALSO FURNISHED A COPY OF DETAILS FURNISHED BEFORE THE LD. CIT. ACCORDINGLY, THE LD. A.R. SUBMITTED THAT THE LD. PR. CIT WAS NOT CORRECT IN OBSERVING T HAT THE ASSESSEE HAS NOT SUBMITTED ANY REPLY AND FURTHER SUBMITTED T HAT THE IMPUGNED ORDER HAS BEEN PASSED WITHOUT AFFORDING AD EQUATE OPPORTUNITY TO THE ASSESSEE. 3. WE HEARD LD. D.R. AND PERUSED THE RECORD BEFORE US. FROM THE COPIES OF DOCUMENTS FILED BEFORE US, WE NOTICE THAT THE ASSESSEE HAS FORWARDED THE DETAILS TO LD. PR. CIT THROUGH E- MAIL ON 13.3.2020. ADMITTEDLY, THE LD. PRINCIPAL CIT HAS P ASSED THE IMPUGNED REVISION ORDER WITHOUT CONSIDERING THOSE D ETAILS AND ALSO WITHOUT AFFORDING ADEQUATE OPPORTUNITY OF BEING HEA RD TO THE ASSESSEE. ACCORDINGLY, IN THE INTEREST OF NATURAL JUSTICE, WE ARE OF THE VIEW THAT THE ENTIRE ISSUE SHOULD BE RESTORED B ACK TO THE LD. PR. CIT, SO THAT HE CAN AFFORD ADEQUATE OPPORTUNITY TO THE ASSESSEE AND ALSO CONSIDER THE REPLIES FURNISHED BY THE ASSESSEE OR THAT MAY BE FURNISHED BEFORE HIM BEFORE PASSING REVISION ORDER ON ALL THE ISSUES. ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY LD. P R. CIT AND RESTORE ALL ISSUES TO HIS FILE WITH THE DIRECTION T O AFFORD ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND DECI DE THEM IN ACCORDANCE WITH LAW. ITA NO.448/BANG/2020 K.C.A. BANK LTD., CHIKKAMAGALURU DIST. PAGE 3 OF 3 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH AUG, 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 12 TH AUG, 2021. VG/SPS 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 ASST. REGISTRAR, ITAT, BANGALORE.