Pondicherry State Weavers Co-op Society Limited, CHENNAI V. ITO, Pondicherry

ITA 594/CHNY/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 4107 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 13-07-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 10-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Assessee Lawyers: S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , , ' # BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.594/MDS/2017 & '& / ASSESSMENT YEAR : 2009-10 M/S PONDICHERRY STATE WEAVERS CO-OPERATIVE SOCIETY LIMITED, C/O SHRI S. SRIDHAR, SH. A.S. SRIRAMAN, ADVOCATES, NEW NO.14, OLD NO.82, FLAT NO.5, 1 ST AVENUE, INDIRA NAGAR, ADYAR, CHENNAI - 600 020. PAN : AAAAT 8293 P V. THE INCOME TAX OFFICER, WARD 1(2), PONDICHERRY. ()*/ APPELLANT) (+,)*/ RESPONDENT) )* - . / APPELLANT BY : SHRI S. SRIDHAR, ADVOCATE +,)* - . / RESPONDENT BY : SHRI B. SAGADEVAN, JCIT / - 0' / DATE OF HEARING : 13.07.2017 12' - 0' / DATE OF PRONOUNCEMENT : 13.07.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS), PUDUCHERR Y, DATED 27.12.2016 AND PERTAINS TO ASSESSMENT YEAR 2009-10. 2 I.T.A. NO.594/MDS/17 2. SHRI S. SRIDHAR, THE LD.COUNSEL FOR THE ASSESSEE , SUBMITTED THAT THE CIT(APPEALS) DISMISSED THE APPEAL ON THE G ROUND THAT THE ASSESSEE FAILED TO APPEAR BEFORE HIM AND FAILED TO FURNISH THE MATERIAL EVIDENCE. THE LD.COUNSEL FURTHER SUBMITTE D THAT THE ISSUE ARISES FOR CONSIDERATION IS DEDUCTION CLAIMED BY TH E ASSESSEE UNDER SECTION 80P OF THE INCOME-TAX ACT, 1961 (IN SHORT ' THE ACT') FOR COLLECTIVE DISPOSAL OF LABOUR. SINCE IT IS A CO-OP ERATIVE SOCIETY, AN OPPORTUNITY MAY BE GIVEN TO THE ASSESSEE TO REPRESE NT THE MATTER BEFORE THE AUTHORITIES BELOW. THE LD.COUNSEL SUBMI TTED THAT THE ASSESSEE IS READY AND WILLING TO PRODUCE NECESSARY MATERIAL BEFORE THE ASSESSING OFFICER TO SUPPORT THE CLAIM. 3. ON THE CONTRARY, SHRI B. SAGADEVAN, THE LD. DEPA RTMENTAL REPRESENTATIVE, SUBMITTED THAT INSPITE OF SEVERAL O PPORTUNITIES GIVEN BY THE CIT(APPEALS), THE ASSESSEE FAILED TO APPEAR BEFORE HIM, THEREFORE, THE CIT(APPEALS) HAD NO CHOICE OTHERWISE TO DISPOSE OF THE APPEAL. ACCORDING TO THE LD. D.R., EVEN THOUGH THE CIT(APPEALS) FOUND FAULT WITH THE ASSESSEE FOR ITS NON-APPEARANCE, HE DISPOSED THE APPEAL ON MERIT. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. THE 3 I.T.A. NO.594/MDS/17 CIT(APPEALS) FOUND THAT THE ASSESSEE FAILED TO APPE AR BEFORE HIM AND ALSO FAILED TO FURNISH RELEVANT MATERIAL TO SUP PORT THE CLAIM OF DEDUCTION UNDER SECTION 80P OF THE ACT. ACCORDING TO THE LD. COUNSEL, THE ASSESSEE IS WILLING AND READY TO FILE NECESSARY MATERIAL BEFORE THE AUTHORITIES BELOW, HENCE THE MATTER MAY BE REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER. THE MAIN OBJ ECT OF THE INCOME- TAX ACT IS TO QUANTIFY THE TAXABLE INCOME AND LEVY TAX THEREON. EVEN THOUGH THERE WAS NEGLIGENCE ON THE PART OF THE ASSE SSEE TO PRODUCE NECESSARY MATERIAL BEFORE THE AUTHORITIES BELOW, GI VING ONE MORE OPPORTUNITY TO THE ASSESSEE WOULD NOT PREJUDICE TO THE INTERESTS OF REVENUE. THIS TRIBUNAL IS OF THE CONSIDERED OPINIO N THAT GIVING ONE MORE OPPORTUNITY TO THE ASSESSEE WOULD PROMOTE THE CAUSE OF JUSTICE. ACCORDINGLY, THE ORDERS OF THE AUTHORITIE S BELOW ARE SET ASIDE AND THE ENTIRE CLAIM MADE BY THE ASSESSEE IS REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING O FFICER SHALL RE- EXAMINE THE ISSUE AFRESH IN THE LIGHT OF THE MATERI AL THAT MAY BE FILED BY THE ASSESSEE AND THEREAFTER DECIDE THE ISSUE IN ACCORDANCE WITH LAW, AFTER GIVING A REASONABLE OPPORTUNITY TO THE A SSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4 I.T.A. NO.594/MDS/17 ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH JULY, 2017 AT CHENNAI. SD/- SD/- ( ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 13 TH JULY, 2017. KRI. - +056 76'0 /COPY TO: 1. )* /APPELLANT 2. +,)* /RESPONDENT 3. / 80 () /CIT(A), PUDUCHERRY 4. PRINCIPAL CIT, PUDUCHERRY 5. 69 +0 /DR 6. :& ; /GF.