Sri Basaveshwara Vividoddesha Sahakara Sangha Niyamitha, Hosadurga V. Income-Tax Officer, Ward-1, Chitradurga

ITA 772/BANG/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5366 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2024
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: B
• Next Hearing Date: 03-07-2024
• Assessment Year: 2016-2017
• Appeal Filed On: 24-04-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANDEEP CHALAPATHY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-‘B’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No. 772/Bang/2024 Assessment Year : 2016-17 Sri Basaveshwara Vividoddesha Sahakara Sangha Niyamitha, Vasavi Mahal Road, Near Bus Stand, Hosadurga – 577 527. PAN: AACAS5404M Vs. The Income Tax Officer, Ward – 1, Chitradurga. APPELLANT RESPONDENT Assessee by : Shri Sandeep Chalapathy, CA Revenue by : Shri Ganesh R. Ghale, Advocate, Standing Counsel for Dept. Date of Hearing : 04-07-2024 Date of Pronouncement : 01-08-2024 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of order dated 29.02.2024 passed by the Ld.CIT(A)-1, Ludhiana. Page 2 of 3 ITA No. 772/Bang/2024 2. At the outset, the it is submitted by the Ld.AR that the order passed by the Ld.CIT(A) is ex-parte order. It is submitted that two notices that were issued on 15.01.2021 and 16.08.2021 during covid period. The Ld.AR submitted that, thereafter the third notice was issued on 02.02.2024 which was served on an email id which the assessee could not access at the relevant period of time. The Ld.AR thus prayed for the matter to be remanded to the authorities below for considering the issues on merits. 2.1 On the contrary, the Ld.DR though objected to the submissions of the Ld.AR, could not controvert the submissions made by him. We have perused the submissions advanced by both sides in the light of records placed before us. 3. It is noted that post the covid period assessee was issued only one notice of hearing from the office of the Ld.CIT(A). The issue involved in the present facts on merits is regarding disallowance of deduction claimed u/s. 80P(2)(a)(i) of the act. The assessing officer dismissed the claim of the assessee placing reliance on the decision of Hon’ble Supreme Court in case of Citizen Co-operative Society Ltd. vs. ACIT reported in (2017) 84 taxmann.com 114. 3.1 In our considered opinion, subsequent decision by Hon’ble Supreme Court in case of Mavilayi Service Co- operative Bank Ltd. v. CIT reported in 431 ITR 1 and Kerala State Co-operative Agricultural and Rural Development Bank Ltd. vs. AO reported Page 3 of 3 ITA No. 772/Bang/2024 in (2023) 154 taxmann.com 305 is to be considered based on the evidences filed by the assessee. We accordingly, remit this issue to the Ld.AO for carrying out necessary verification and to consider the claim of assessee in accordance with law and having regard to the decisions of Hon’ble Supreme Court (supra) as well as decisions by this Tribunal on identical issues. Needless to say that proper opportunity of being heard must be granted to assessee in accordance with law. Accordingly, the grounds raised by the assessee stands partly allowed for statistical purposes. In the result, the appeal filed by the assessee stands partly allowed. Order pronounced in the open court on 01 st August, 2024. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 01 st August, 2024. /MS / Copy to: 1. Appellant 2. Respondent 3. CIT 4. DR, ITAT, Bangalore 5. Guard file 6. CIT(A) By order Assistant Registrar, ITAT, Bangalore