KEM Hospital Employee Co Op Credit Society, Pune V. Income Tax Officer, Ward-6(1), Pune, Pune

ITA 610/PUN/2023

AI Insights

The case involves the KEM Hospital Employee Co.op Credit Society appealing against an ex parte order by the CIT(A) which denied them the benefit of deduction under section 80P of the Income-tax Act, 1961, on interest income earned from deposits. The Tribunal found that the CIT(A) had dismissed the appeal without adequate consideration of the assessee's submissions, as no reply had been submitted by the appellant. The Tribunal decided to set aside the CIT(A)'s order and remand the case for a fresh hearing, emphasizing the need for a fair opportunity for the assessee to present their case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124158 (ITAT-PUNE)
• Duration Of Justice: 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 21-05-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Section: 80P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT आयकर अपील सं. /ITA No.610/PUN/2023 नधा रण वष / Assessment Year : 2017-18 KEM Hospital Employee Co.op Credit Society, KEM Hospital, Rasta Peth, Pune 411 011, Maharashtra PAN : AABAK9801H Vs. ITO , Ward-6(1), Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP: This appeal by the assessee arises out of the ex parte order dated 21-03-2023 passed by the CIT(A) in National Faceless Appeal Centre, Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18. 2. It is seen that the assessment order in this case was passed u/s.143(3) of the Act denying the benefit of deduction u/s 80P of the Act on interest income amounting to Rs.16,46,097/- earned from the deposits with PDCC and Union Banks. The ld. CIT(A), in para 5.1 of the impugned order, noted that the “Sufficient and adequate opportunities were afforded to the appellant as indicated at table at Assessee by Shri Deepak S. Sasar Revenue by Shri Gurmel Singh Date of hearing 09-06-2023 Date of pronouncement 09-06-2023 ITA No. 610/PUN/2023 KEM Hospital Employee Co.op Credit Society 2 para no.4.1.1. No reply whatsoever has been submitted by the appellant. He, therefore, dismissed the appeal ex-parte order qua the assessee. 3. After hearing both the sides and considering the entirety of facts and circumstances of the case, I am of the opinion that it would be just and fair if the impugned order is set-aside and the matter is remitted to the file of the ld. CIT(A) with a direction to decide the appeal afresh as per law after allowing a reasonable opportunity of hearing to the assessee. I order accordingly. The ld. AR has undertaken that the assessee will render full assistance to the ld. first appellate authority in such fresh proceedings. 4. In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 09 th June, 2023. Sd/- (R.S.SYAL) VICE PRESIDENT पुणे Pune; िदनांक Dated : 09 th June, 2023 सतीश ITA No. 610/PUN/2023 KEM Hospital Employee Co.op Credit Society 3 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. 4. 5. The Pr.CIT concerned DR, ITAT, ‘SMC’ Bench, Pune गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 09-06-2023 Sr.PS 2. Draft placed before author 09-06-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *