DCIT, CIR-3(1), Siliguri, Darjeeling V. Darjeeling District Central Co-operative Bank Ltd., Darjeeling

ITA 763/KOL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 1485 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 29-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 154

Judgement Text

I.T.A. NO. 763 TO 766/KOL/2015 DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH A, KOLKATA [BEFORE SHRI P.M. JAGTAP, AM & SHRI S.S. VISWANETHRA RAVI, JM] I.T.A. NOS. 763 TO 766/KOL/2015 ASSESSMENT YEAR: 2007-08 TO 2010-11 D.C.I.T. CIR 3(1)...............................APPELLANT AAYAKAR BHAWAN WING B PARIBAHAN NAGAR MATIGARA SILIGURI DARJEELING - 734301 M/S. DARJEELING DISTRICT CENTRAL . RESPONDENT COOPERATIVE BANK LTD. RISHI ROAD, KALIMPONG DARJEELING - 734301 [PAN NO. AAALD0261C] APPEARANCES BY: SHRI SALLONG YADEN, ADDL. CIT APPEARING ON BEHALF OF THE REVENUE. NONE APPEARING ON BEHALF OF THE ASSESSEE. DATE OF CONCLUDING THE HEARING : AUGUST 31, 2017 DATE OF PRONOUNCING THE ORDER : AUGUST 31, 2017 ORDER PER BENCH THESE 4 APPEALS ARE PREFERRED BY THE REVENUE AGAINST THE COMMON ORDER AND LD. CIT (APPEALS), SILIGURI DATED 18.03.2015 PASSED FOR F.Y. 2007-08, 2008-09, 2009-10 AND 2010-11. 2. THE RELEVANT FACTS OF THE CASE GIVING RISE TO THESE APPEALS ARE AS FOLLOWS. IN PURSUANCE OF THE COMMON ORDER OF THE LD. CIT (A), JALPAIGURI DATED 06.12.2013 IN APPEAL NO 24, 25, 26 AND 27 / 2013-14 AS WELL AS THE ORDER OF THE LD. CIT (A) DATED 12.02.2014 PASSED IN APPEAL NO 93, 94, 95 AND 96 / 2013-14 FOR ALL THE 4 YEARS UNDER CONSIDERATION, THE ORIGINAL ORDERS DATED 19.12.2013 PASSED U/S 154 WERE RECTIFIED BY THE ASSESSING OFFICER VIDE HIS ORDERS DATED 19.06.2014 PASSED U/S 250 / 154 OF THE ACT N THE ISSUE RELATING TO THE I.T.A. NO. 763 TO 766/KOL/2015 DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD 2 ASSESSEES CLAIM FOR DEDUCTION U/S 36(1)(VIIA). AGAINST THE SAID ORDERS, APPEALS WERE PREFERRED BY THE ASSESSEE BEFORE THE LD. CIT (A) AND THE SAME WERE DISPOSED OF BY THE LD. CIT (A) VIDE PARAGRAPH NO 3 OF HIS COMMON ORDER DATED 18.03.2015 AS UNDER: IT IS SEEN THAT THERE IS NO ISSUE IN THESE APPEALS WHICH CAN BE DECIDED BY ANY APPELLATE AUTHORITY. THE APPEALS HAVE BEEN DECIDED VIDE ORDER DATED 06.12.2013. THE AO HAS NOT SOUGHT ANY CLARIFICATION ON ANY ISSUE DECIDED IN THE ORDER DATED 06.12.2013. THE ISSUES AGITATED IN THESE APPEALS ARE GIVING EFFECT TO THE ORDER OF CIT (A), CHARGING OF INTEREST AND APPLICATION OF CORRECT RATE OF TAX APPLICABLE TO THE ASSESSEE. THESE ISSUES CAN BE DECIDED BY AO IN THE ORDER GIVING EFFECT TO THE CIT (A) ORDER AND RECTIFICATION ORDERS U/S 154. THE AO IS DIRECTED TO GIVEN EFFECT TO THE ORDERS OF CIT (A) DATED 06.12.2013 AND CHARGE INTEREST AS PER LAW. THE AO IS FURTHER DIRECTED TO TREAT THE ASSESSEE AS CO-OPERATIVE SOCIETY AND APPLY THE RATES OF TAX APPLICABLE TO CO-OPERATIVE SOCIETY. THE AO IS DIRECTED TO CONSIDER THE RETURNED LOSS FOR THE AY 2008-09 WHILE COMPUTING THE INCOME. HOWEVER, THE BENEFIT OF CARRY FORWARD OF LOSS SHALL BE ALLOWED ONLY IF RETURN WAS FILED IN TIME. THE APPEALS OF THE ASSESSEE ARE ALLOWED. AGGRIEVED BY THE ORDER OF THE LD. CIT (A), THE REVENUE HAS PREFERRED THESRE APPEALS BEFORE THE TRIBUNAL. 3. AT THE TIME OF HEARING FIXED TODAY I.E. 31.08.2017, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE. THE LEARNED DR HOWEVER HAS SUBMITTED THE ORIGINAL ORDERS PASSED BY THE AO ON THE ISSUE RELATING TO THE ASSESSESS CLAIM FOR DEDUCTION U/S 36(1)(VIIA) WERE ALSO THE SUBJECT MATTER OF APPEALS AND WHEN THE MATTER TRAVELLED TO THE TRIBUNAL, THE TRIBUNAL VIDE ITS COMMON ORDER PASSED IN ITA NO. 87 TO 90/KOL/2014 HAS RESTORED THE MATTER TO THE FILE OF THE AO FOR CONSIDERING THE SAME AFRESH. HE HAS SUBMITTED THAT THE PRESENT APPEALS FILED BY THE REVENUE HAVE BECOME INFRUCTUOUS AS A RESULT THE SAID ORDER OF THE TRIBUNAL. WE ACCORDINGLY DISMISS THESE APPEALS FILED BY THE REVENUE HAVING BECOME INFRUCTUOUS. I.T.A. NO. 763 TO 766/KOL/2015 DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD 3 6. IN THE RESULT, ALL THE FOUR APPEALS OF THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST AUGUST, 2017. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 31/08/2017 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD., DARJEELING 2. DCIT, CIRCLE 3(1), SILIGURI. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, KOLKATA