M/s.Kalpetta Co-op Urban Society Ltd, Wynad V. The ITO, Calicut

ITA 478/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 86385 (ITAT-COCHIN)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 20-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K JOHN
• Section: 142(1); 148

Judgement Text

1 ITA NO.478 & 479/COCH/2014 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI N.R.S. GANESAN (JM) AND SHRI CHANDRA PO OJARI (AM) I.T.A NO. 478 & 479/COCH/2014 (ASSESSMENT YEARS 2008-09 & 2010-11) M/S KALPETTA CO-OPERATIVE URBAN VS THE ITO, WD.1( 4) SOCIETY LTD, KALPETTA PO CALICUT WAYANAD DISTRICT 673 121 PAN : AAAAK9427E (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI K.K. JOHN DATE OF HEARING : 30-12-2014 DATE OF PRONOUNCEMENT : 09-01-2015 O R D E R PER N.R.S. GANESAN (JM) THESE APPEALS OF THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER OF THE CIT(A), KOZHIKODE DATED 06-08-2014 FOR THE ASSESSMENT YEARS 2008-09 AND 2010-11. 2. BOTH THE APPEALS OF THE ASSESSEE WERE FIXED FOR HEARING ON 30-12- 2014 AND NOTICE WAS SERVED ON THE ASSESSEE BY RPAD. IN SPITE OF RECEIPT OF NOTICE, NO ONE APPEARED FOR THE ASSESSEE. THERE FORE, WE HEARD THE LD.DR AND PROCEEDED TO DISPOSE OF THE APPEALS ON ME RIT. 2 ITA NO.478 & 479/COCH/2014 2. SHRI K.K. JOHN, THE LD.DR SUBMITTED THAT THE ASS ESSEE HAS NOT FILED THE RETURNS OF INCOME WITHIN THE PRESCRIBED TIME LI MIT. THEREFORE, THE CLAIM OF THE ASSESSEE FOR DEDUCTION U/S 80P IS NOT AVAILA BLE TO THE ASSESSEE. REFERRING TO THE ORDER OF THE CIT(A), THE LD.DR SUB MITTED THAT THE CIT(A) BY FOLLOWING THE ORDER OF THIS TRIBUNAL IN M/S KADACHI RA SERVICE CO-OPERATIVE BANK LTD VS ITO (2013) 153 TTJ (COCHIN) 129 CONFIRM ED THE ORDERS OF THE ASSESSING OFFICER FOR BOTH THE ASSESSMENT YEARS. 3. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD.DR AND ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSESSEE HAS NOT FILED THE RETURNS OF INCOME FOR THE ASSESSMENT YEARS UNDER CONSIDERATION WITHIN THE TIME LIMIT PRESCRIBED EITHER U/S 139(1) OR WITHIN THE TIME SPE CIFIED IN NOTICE U/S 148 OF THE ACT. THEREFORE THE QUESTION ARISES FOR CONSIDE RATION IS WHEN THE ASSESSEE HAS NOT FILED RETURN OF INCOME WITHIN THE PRESCRIBED TIME LIMIT, WHETHER THE ASSESSEE WOULD BE ENTITLED FOR DEDUCTIO N U/S 80P OF THE ACT? THIS TRIBUNAL EXAMINED THE ISSUE ELABORATELY IN KAD ACHIRA SERVICE CO- OPERATIVE BANK LTD (SUPRA) AND FOUND THAT IF THE RE TURN OF INCOME IS NOT FILED WITHIN THE TIME LIMIT PRESCRIBED U/S 139(1) OR WITH IN THE TIME PROVIDED IN NOTICE ISSUED U/S 142(1) OR 148 THE ASSESSEE IS NOT ELIGIBLE FOR DEDUCTION U/S 80P OF THE ACT. THE FIRST APPELLATE AUTHORITY FOLLOWED THE ORDER OF THIS TRIBUNAL IN KADACHIRA SERVICE CO-OPERATIVE BANK LTD (SUPRA). THEREFORE, 3 ITA NO.478 & 479/COCH/2014 THIS TRIBUNAL DO NOT FIND ANY INFIRMITY IN THE ORDE R OF THE LOWER AUTHORITY. ACCORDINGLY, THE SAME IS CONFIRMED. 4. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 TH JANUARY, 2015. SD/- SD/- (CHANDRA POOJARI) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN, DT : JANUARY, 2015 PK/- COPY TO: 1. M/S KLPETTA CO-OP. URBAN SOCIETY LTD, KALPETTA P O, WAYANAD DIST. 673 121 2. THE ITO, WD.1(4), CALICUT 3. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE 4. THE COMMISSIONER OF INCOME-TAX(A), KOZHIKODE 5. THE DR (TRUE COPY) BY ORDER ASSTT. REGISTRAR, INCOME-TAX APPELLATE TRIBUNAL, COCHIN BENCH