NCDC Staff Cooperative Society, Kolkata V. ITO, Ward-35(2), Kolkata

ITA 594/KOL/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4903 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2016-2017
• Appeal Filed On: 25-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order; Co-operative Credit Society

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH SMC KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER . / ITA NO.594-595/KOL/2020 ASSESSMENT YEARS:2016-17 & 2017-18 NCDC STAFF CO-OPERATIVE CREDIT SOCIETY, C/O SUBASH AGARWAL & ASSOCIATES, ADVOCATES SIDDHA GIBSON, 1,GIBSON LANE, SUITE 213, 2 ND FLOOR, KOLKATA-700069 [ PAN NO.AACAN 2132 R ] / V/S . INCOME TAX OFFICER, WARD-35(2), AAYAKAR BHAWAN, POORBA 110, SHANTIPALLY, KOLKATA- 107 /APPELLANT .. /RESPONDENT HEARING THROUGH VIDEO CONFERENCING /BY ASSESSEE SHRI AVJIT DEY, ADVOCATE /BY REVENUE SHRI JAYANTA KHANRA, JCIT-SR-DR /DATE OF HEARING 08-02-2021 /DATE OF PRONOUNCEMENT 08-02-2021 /O R D E R THE PRESENT APPEALS HAVE BEEN PREFERRED BY THE ASSE SSEE AGAINST THE SEPARATE ORDER DATED 06.08.2020 & 14.09.2020 RESPECTIVELY OF THE C OMMISSIONER OF INCOME-TAX (APPEALS)-10, KOLKATA [HEREINAFTER REFERRED TO AS CIT(A)]. 2. THE APPEAL IS BARRED BY LIMITATION PERIOD OF 33 DAYS IN ITA NO.594/KOL/2020 WHEREAS IN ITA NO.595/KOL/2020 THE SAME IS BARRED B Y LIMITATION PERIOD OF 12 DAYS. THE ASSESSEE HAS FILED SEPARATE APPLICATIONS FOR CO NDONATION DELAY. CONSIDERING THE SUBMISSIONS MADE IN THE APPLICATIONS AS WELL AS THE SHORTNESS OF THE DELAY, THE DELAY IN ITA NO.594-596/KOL/2020 A.YS.16-17 &17 -18 NCDC STAFF CO-OP. CREDIT SOCIETY VS. ITO WD-35( 2), KOL. PAG E 2 FILING THESE APPEALS IS HEREBY CONDONED. CASES ARE NOW TAKEN UP FOR ADJUDICATION ON MERITS. 3. ON MERITS, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT THE SOLE ISSUE RAISED BY THE ASSESSEE IN BOTH THE APPEALS IS AS TO WHETHER THE DEDUCTION OUT OF SALARY OF THE EMPLOYEES IS TO BE TREATED AS INCOME OF THE ASSESSEE OR NOT. HOWEVER, THE LD. DR HAS BROUGHT MY ATTENTION TO THE ASSESSMENT ORDER TO SUBMIT THAT NO SUCH PLEA WAS RAISED BY THE ASSESSEE BEFORE THE ASSESSING OFFICER . THAT BEFORE THE ASSESSING OFFICER IT WAS SUBMITTED THAT THE AMOUNT IN QUESTION WAS OU T OF MISCELLANEOUS RECEIPTS EARNED FROM THE NON-MEMBERS BY THE ASSESSEE-SOCIETY. THE L D. COUNSEL FOR THE ASSESSEE AT THIS STAGE HAS SUBMITTED THAT CERTAIN INADVERTENT M ISTAKE HAS HAPPENED WHILE MAKING THE SUBMISSIONS BEFORE THE ASSESSING OFFICER. HOWEV ER, THE FACTUAL POSITION WAS NARRATED BEFORE THE LD. CIT(A), BUT, THE LD. CIT(A) HAS FAILED TO CONSIDER THE SUBMISSIONS OF THE ASSESSEE. THE LD. COUNSEL FOR T HE ASSESSEE HAS SUBMITTED THAT THE MATTER BE REMITTED TO THE ASSESSING OFFICER FOR VER IFICATION OF THE ACCOUNTS TO GET THE TRUE AND CORRECT FACTUAL POSITION IN THIS RESPECT. THE LD. DR HAS NOT OBJECTED TO THE SAME. ACCORDINGLY, MATTER IN BOTH THE APPEALS IS RE STORED TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSEE WILL DEMONSTRATE BEFORE THE A SSESSING OFFICER THE NATURE OF THE RECEIPTS IN QUESTION AND THE ASSESSING OFFICER AFTE R DETERMINING THE NATURE OF RECEIPTS WILL DECIDE THE ISSUE IN ACCORDANCE WITH LAW. NEEDL ESS TO SAY THAT THE ASSESSING OFFICER WILL GIVE ADEQUATE OPPORTUNITY OF HEARING T O THE ASSESSEE. WITH THE ABOVE OBSERVATION, BOTH THE ASSESSEES APP EALS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT IMM EDIATELY ON COMPLETION OF HEARING ON MONDAY, 8 TH FEBRUARY, 2021 . SD/- (SANJAY GARG) JUDICIAL MEMBE R KOLKATA, DKP/SR.PS % - 08/02/2021 ITA NO.594-596/KOL/2020 A.YS.16-17 &17 -18 NCDC STAFF CO-OP. CREDIT SOCIETY VS. ITO WD-35( 2), KOL. PAG E 3 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE-NCDC STAFF CO-OP. CREDIT SOCIETY, C/O SUB ASH AGARWAL & ASSOCIATES, ADVOCATE S SIDDHA GIBSON, 1, GIBSON LANE, SUITE 213, 2 ND FLOOR, KOLKATA-69 2. /REVENUE-ITO WD-35(2) AAYAKAR BHAWAN,POORBA 110, SH ANTIPALLY, KOLKATA-107 3. ' ) / CONCERNED CIT 4. ) - / CIT (A) 5. * --' , ' / DR, ITAT, KOLKATA 6. / / GUARD FILE. BY ORDER/ , /TRUE COPY/ ',