DCIT, BIKANER V. M/s. Hanumangarh Kendriya Sahakari Bank Ltd., HANUMANGARH JUNCTION

ITA 55/JODH/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5220 (ITAT-JODHPUR)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 26-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L MOURYA
• Section: 43B; 15; 139

Judgement Text

IN THE INCOME TAX APPELALTE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE: SHRI N. S. SAINI, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A.NO.55 & 56/JODH/2015 ASSESSMENT YEAR: 2010-11 & 2011-12 THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2, RANI BAZAR, BIKANER VS. M/S. HANUMANGARH KENDRIYA SAHAKARI BANK LTD., OPP CIRCUIT HOUSE, HANUMANGARH JN., HANUMANGARH PAN :AAAJH0302C APPELLANT RESPONDENT APPELLANT BY SHRI S. L. MOURYA, DR RESPONDENT BY NONE DATE OF HEARING: 14.03.2016 DATE OF PRONOUNCEMENT: 14.03.16 O R D E R PER: GEORGE MATHAN, J.M. : ITA NO.55/JODH/2015 IS AN APPEAL FILED BY THE REVE NUE AGAINST THE ORDER OF THE LEARNED CIT (A), BIKANER PASSED IN APP EAL NO.211/BIKANER/2012- 13 DATED 30-12-2014 FOR ASSESSMENT YEAR 2010-11 AND ITA NO.56 IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF TH E LEARNED CIT (A), BIKANER PASSED IN APPEAL NO.40/BIKANER/2013-14 DATED 30-12- 2014 FOR ASSESSMENT YEAR 2011-12 RESPECTIVELY. 2. SHRI S. L. MOURYA, LEARNED DR REPRESENTED ON BEH ALF OF THE REVENUE. NONE REPRESENTED ON BEHALF OF THE ASSESSEE. THE ASS ESSEE HAS SOUGHT FOR ADJOURNMENT WHICH IS REJECTED AND THE APPEAL IS DIS POSED OF. 2 ITA NO.55 & 56/JODH/2015 3. IN THE REVENUES APPEAL IN ITA NO.55/JODH/2015 F OR ASSESSMENT YEAR 2010-11 THE ONLY ISSUE IS AGAINST THE ACTION OF THE LEARNED CIT (A) IN DELETING THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE U/S 80 P(2) (D) OF THE IT ACT. FOR ASSESSMENT YEAR 2011-12, THE REVENUE HAS CHALLE NGED THE ACTION OF THE LEARNED CIT (A) IN DELETING THE ADDITION MADE ON AC COUNT OF DISALLOWANCE OF DEDUCTION U/S 80P AS ALSO DELETION OF DISALLOWANCE MADE ON ACCOUNT OF ARREAR AWARD CLAIMED BY THE ASSESSEE U/S 43B AND LE AVE ENCASHMENT CLAIMED BY THE ASSESSEE U/S 43B OF THE ACT. 4. IT WAS SUBMITTED BY THE LEARNED DR THAT IN THE C OURSE OF ASSESSMENT THE AO HAD HELD THAT THE ASSESSEE WAS NOT ENTITLED FOR DEDUCTION U/S 80P(2) (D) OF THE ACT AND HAD ALSO DISALLOWED DEDUCTION IN RESPECT OF ARREAR AWARD AND LEAVE ENCASHMENT WHICH HAD BEEN PAID IN THE NEX T YEAR. THE LEARNED DR SUBMITTED THAT THE LEARNED CIT (A) HAS ERRED IN GRA NTING RELIEF TO THE ASSESSEE. HE VEHEMENTLY SUPPORTED THE ORDER OF THE AO. 5. WE HAVE CONSIDERED THE SUBMISSIONS. ON PERUSAL O F THE ORDER OF THE LEARNED CIT (A) SHOWS THAT THE LEARNED CIT (A) HAS FOLLOWED THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEE S OWN CASE IN ITA NO. 341/JODH/2013 DATED 24-09-2014 FOR ASSESSMENT YEAR 2009-10 WHEREIN THE TRIBUNAL HAS DELETED THE DISALLOWANCE OF THE BENEFI T U/S 80P(2) (D) OF THE ACT BY REVERSING THE VIEW TAKEN BY THE LEARNED CIT (A) IN HIS ORDER DATED 12-03- 3 ITA NO.55 & 56/JODH/2015 2013 IN APPEAL NO.244/BIKANER/2011-12. AS IT IS NOT ICED THAT THE LEARNED CIT (A) HAS FOLLOWED JUDICIAL DISCIPLINE BY DELETING TH E DISALLOWANCE BY FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBU NAL IN ASSESSEES OWN CASE FOR THE IMMEDIATELY PRECEDING YEAR AND AS THE REVEN UE HAS NOT BEEN ABLE TO SHOW ANY DISTINGUISHABLE FACTS, WE ARE OF THE VIEW THAT THE FINDING OF THE LEARNED CIT (A) IS ON RIGHT FOOTING AND DOES NOT CA LL FOR ANY INTERFERENCE. AS A RESULT GROUND NO.1 IN BOTH THE REVENUES APPEAL STA NDS DISMISSED. 6. IN RESPECT OF THE DISALLOWANCE OF ARREAR AWARD A ND LEAVE ENCASHMENT WHICH IS GROUND NO.2 AND 3 OF THE REVENUES APPEAL IN ITA NO.56/JODH/2015, IT IS NOTICED THAT THE LEARNED CIT (A) HAS DELETED THE SAME BY APPLYING THE PROVISO TO SECTION 43B OF THE ACT A S THE SAID AMOUNT HAD BEEN PAID BEFORE THE DUE DATE APPLICABLE FOR FILING THE RETURN OF INCOME UNDER SUB SECTION (1) OF SECTION 139 OF THE ACT IN RESPEC T OF THE PREVIOUS YEAR IN WHICH THE LIABILITY TO PAY SUCH SUM WAS INCURRED. T HE REVENUE HAS NOT BEEN ABLE TO DISLODGE THIS FINDING OF THE LEARNED CIT (A ) AND CONSEQUENTLY WE ARE OF THE VIEW THAT THE FINDINGS OF THE LEARNED CIT (A ) ON THESE ISSUES ARE ALSO ON RIGHT FOOTING AND DO NOT CALL FOR ANY INTERFEREN CE. 7. IN THE RESULT, BOTH THE APPEAL OF THE REVENUE ST ANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.03.2016. SD/- SD/- (N. S. SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, DATED: 14 TH MARCH, 2016 LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA DEKA/ DEKA/ DEKA/ DEKA/- -- - 4 ITA NO.55 & 56/JODH/2015 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. CIT CONCERNED 4. CIT (A) CONCERNED 5. DR, ITAT, JODHPUR 6. GUARD FILE BY ORDER, SR. PRIVATE SECRETARY DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 14.03.16 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 14.03.16 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 15 .03.16 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 15.03. 16 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 15.03.16 SR.PS 6. DATE OF PRONOUNCEMENT NA SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER