Omalur Primary Agricultural coop Credit Society Ltd., Chennai V. ITO, Ward 1(6), , Salem

ITA 571/CHNY/2023

AI Insights

The case involves the Omalur Primary Agricultural Co-op Credit Society Ltd., which appealed against the order of the Principal Commissioner of Income Tax, Coimbatore-1, passed under section 263 of the Income-tax Act, 1961. The PCIT had set aside the assessment order for the assessment year 2018-19, directing the Assessing Officer to redo the assessment as per the directions in the section 263 order. The assessee contended that the PCIT ignored their adjournment request and passed the order without providing a reasonable opportunity of hearing. The Tribunal agreed with the assessee's contention and set aside the PCIT's order, restoring the matter for re-evaluation with proper hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134815 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 25-06-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 07-05-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 263; 143(3)

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI ᮰ी वी दुगाᭅ राव, ᭠याियक सद᭭य एवं ᮰ी मंजुनाथ. जी, लेखा सद᭭य के समᭃ BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER AND SHRI MANJUNATHA. G, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 571/Chny/2023 िनधाᭅरण वषᭅ / Assessment Year: 2018-19 Omalur Primary Agricultural Co-op Credit Society Ltd., 107, Omalur Thodaka Velanmai, Omalur, Salem – 636 455. [PAN: AAAAO-1919-R] v. The Income Tax Officer, Ward -1(6), Salem. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri. T. Vasudevan, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri. AR V Sreenivasan, Addl. CIT सुनवाई कᳱ तारीख/Date of Hearing : 26.06.2023 घोषणा कᳱ तारीख/Date of Pronouncement : 26.06.2023 आदेश /O R D E R PER MANJUNATHA. G, ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order of the learned Principle Commissioner of Income Tax. Coimbatore-1, passed u/s. 263 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”), dated 09.03.2023 and pertains to assessment year 2018-19. :-2-: ITA. No: 571/Chny/2023 2. The brief facts of the case are that, the assessee has filed its return of income for the assessment year 2018-19 on 28.03.2019, admitting total income of Rs. Nill. The assessment has been completed u/s. 143(3) of the Act, on 12.02.2021 by accepting the returned income. The case has been subsequently taken up for revision proceedings and accordingly notice u/s. 263 of the Act, dated 01.03.2023 was issued and fixed the case for hearing on 08.03.2023. The assessee filed petition for adjournment of hearing on 03.03.2023 through e-portal, but the PCIT passed order u/s. 263 of the Act, on 09.03.2023 by ignoring adjournment petition filed by the assessee and set aside the assessment order passed by the Assessing Officer with the direction to the Assessing Officer to redo the assessment in accordance with directions given in the order passed u/s. 263 of the Act. Aggrieved by the PCIT order, the assessee is in appeal before us. 3. The Ld. Counsel for the assessee, referring to show cause notice dated 01.03.2023 and adjournment request filed by the assessee on 03.03.2023 submits that, the PCIT passed order u/s. 263 of the Act on 09.03.2023 by ignoring adjournment :-3-: ITA. No: 571/Chny/2023 petition filed by the assessee on 03.03.2023, without providing reasonable opportunity of hearing to the assessee. Therefore, one more opportunity of hearing may be given to the assessee to explain its case. 4. The ld. DR, on the other hand fairly agreed that the matter may be set aside to the file of the PCIT to give one more opportunity of hearing to the assessee. 5. We have heard both the parties and considered relevant material available on record. We find that although, the appellant had sought adjournment by filing the request on 03.03.2023 through e-portal, but the PCIT passed order u/s. 263 of the Act on 09.03.2023, by ignoring adjournment petition filed by the assessee. From the above, it is very clear that the PCIT has passed order without providing reasonable opportunity of being heard to the assessee, in violation of principle of natural justice. Therefore, we are of the considered view that the issue needs to go back to the file of the PCIT to provide reasonable opportunity of hearing to the assessee and thus, we set aside the order passed by the PCIT u/s. 263 of the Act and restore the issue to the file of the PCIT :-4-: ITA. No: 571/Chny/2023 to reconsider the issue in accordance with law, after providing reasonable opportunity of hearing to the assessee. 6. In the result, appeal filed by the assessee is treated as allowed for statistical purposes. Order pronounced in the Open Court on 26 th June, 2023 at Chennai. Sd/- (वी दुगाᭅ राव) (V. DURGA RAO) ᭠याियकसद᭭य/Judicial Member Sd/- (मंजुनाथ. जी) (MANJUNATHA. G) लेखासद᭭य/Accountant Member चे᳖ई/Chennai, ᳰदनांक/Dated: 26 th June, 2023 JPV आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ/CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF