DCIT, Cir-2, Jalpaiguri, Jalpaiguri V. M/s Raiganj Co-Operative Agriculture & Rural Development Bank Ltd., Uttar Dinajpur

ITA 709/KOL/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9602 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 09-12-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 22-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH C KOLKATA BEFORE SHRI A.T.VARKEY, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 709 / KOL / 2015 ASSESSMENT YEAR :2011-12 DCIT, CIRCLE-2, 2 ND FLOOR, C.R. BUILDING, RACE COURSE PARA, NAYA BASTY, JALPAIGURI-735101 V/S . M/S RAIGANJ CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK LTD., KUMARDANGI, P.O. RAIGANJ, DIST. UTTAR DINAJPUR 733 134 [ PAN NO.AABCR 6345 M ] /APPELLANT .. / RESPONDENT /BY APPELLANT NONE /BY RESPONDENT NONE /DATE OF HEARING 09-12-2016 /DATE OF PRONOUNCEMENT -01-2017 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-JALPAIGURI DATED 13.03.2015. A SSESSMENT WAS FRAMED BY DCIT,CIRCLE-2, JALPAIGURI U/S 143(3) OF THE INCO ME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) VIDE HIS ORD ER DATED 25.03.2014 FOR ASSESSMENT YEAR 2011-12. 2. AT THE OUTSET IT WAS NOTICED THAT NONE APPEARED ON BEHALF OF ASSESSEE AND THE REVENUE HAS MOVED ADJOURNMENT PETITION IN 1 4 CASES OUT OF 19 CASES LISTED TODAY FOR HEARING. THIS EN BLOCK ADJOURNMENT IS NOT POSSIBLE AND HENCE, THE POSSIBLE CASE, WE HAVE TAKEN UP FOR HEARING AND DECIDED THE ISSUE BY REJECTING THE ADJOURNMENT PETITION AND WITHOUT APPE ARANCE OF LD. AR FOR THE ASSESSEE. ITA NO.709/KOL/2015 A.Y. 2011-12 DCIT CIR-2 JAL VS. M/S R.CO-OP A &R.DEVELOP MENT BANK LTD. PAGE 2 3. THE ISSUE RAISED BY REVENUE IN THIS APPEAL IS TH AT LD. CIT(A) ERRED IN REMANDING BACK THE MATTER TO AO FOR FRESH ADJUDICAT ION. 4. AT THE OUTSET, WE FIND THAT LD. CIT(A) HAS DISPO SED OF THIS APPEAL WITH THE DIRECTION TO AO TO VERIFY THE ANNUAL GENERAL ME ETING (AGM) EXPENSE AND COMMISSION INCOME AND ACCORDINGLY ALLOW THE SAME. O N PERUSAL OF MATERIALS AVAILABLE ON RECORD, WE FIND THAT MATTER WAS NOT RE MITTED BACK TO AO FOR THE FRESH ADJUDICATION BUT IT WAS RESTORED TO THE FILE OF AO WITH A DIRECTION TO VERIFY CERTAIN FACTS AND ALLOW THE APPEAL ACCORDINGLY. AS SUCH, FROM THE SAID DIRECTION, THERE IS NO LOSS TO THE REVENUE BUT IT H AS ALL ITS POWER TO ADJUDICATE THE MATTER AFRESH IN ACCORDANCE WITH THE DIRECTION OF LD. CIT(A). AS SUCH, WE ARE OF THE VIEW THAT LD. CIT(A) HAS NOT REMITTED BA CK THE MATTER BEFORE ASSESSING OFFICER. HENCE, WE FIND NO DEFECT IN THE ORDER PASSED BY LD. CIT(A). HENCE THIS GROUND OF APPEAL OF REVENUE IS DISMISSED . 5. IN THE RESULT, REVENUES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 11/ 01/2017 SD/- SD/- ( !') ( !') (A.T.VARKEY) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP, SR.P.S $!% &- 11 / 01 /201 7 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-DCIT, CIRCLE-2, 2 ND FLOOR, C.R. BUILDING, RACE COURSE PARA, NAYA BASTY, JA LPAIGURI-735101 2. /RESPONDENT-M/S RAIGANJ CO-OPERATIVE AGRICULTURE & RURAL DEVELOPMENT BANK KUMARDANGI, P.O . RAIGANJ, DIST. UTTAR DINAJPUR-733 134 3. %.%/0 1 1 2 / CONCERNED CIT KOLKATA 4. 1 1 2- / CIT (A) JALPAIGURI 5. 567 /0, 1 /0 , / DR, ITAT, KOLKATA 6. 7:; <= / GUARD FILE. BY ORDER/ 1! , /TRUE COPY/ / % 1 /0 ,