Maharashtra State Co-Op Credit Soc,deposit Guarantee corp Ltd., Pune V. ITO wd 11[1] Pune., Pune

ITA 817/PUN/2012

• Counselvise Citation: 81724514 RSA 2012
• Duration Of Justice: 2 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-01-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 23-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B C MALAKAR
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.817/PN/2012 (ASSESSMENT YEAR 2007-08) MAHARASHTRA STATE COOPERATIVE CREDIT SOCIETY DEPOSIT GUARANTEE CORPORATION LTD., SURAKSHA BHAVAN, PLOT NO.9, INDUSTRIAL ESTATE, GULTEKDI, PUNE 411037 PAN NO.AABTM4090M .. APPELLANT VS. ITO, WARD-11(1), PUNE .. RESPONDENT ASSESSEE BY : SHRI KISHORE PHADKE REVENUE BY : SHRI B.C. MALAKAR DATE OF HEARING : 24-07-2014 DATE OF PRONOUNCEMENT : 30-07-2014 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 03-10-2011 OF THE CIT(A)-I, PUNE RELATING TO A.Y. 2 007-08. THE ASSESSEE HAS CHALLENGED THE ORDER CONFIRMING PENALTY OF RS.1 ,04,69,132/- LEVIED BY THE ASSESSING OFFICER U/S.271(1)(C) OF THE I.T. ACT. 2. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE IS A COOPERATIVE SOCIETY AND FILED ITS RETURN OF INCOME ON 28-10-200 7 DECLARING NIL INCOME AFTER CLAIMING DEDUCTION U/S.80P(2)(A)(I) AN D 80P(2)(D). THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S.143( 3) R.W.S.147 ON 21- 12-2009 DETERMINING THE TOTAL INCOME AT RS.3,42,22, 350/-. SUBSEQUENTLY, THE ASSESSING OFFICER ISSUED NOTICE U/S.271(1)(C) O F THE I.T. ACT. 2 REJECTING THE EXPLANATIONS GIVEN BY THE ASSESSEE TH E ASSESSING OFFICER LEVIED PENALTY OF RS.1,04,69,132/-. 3. IN APPEAL, DESPITE SERVICE OF NOTICE NONE APPEAR ED ON BEHALF OF THE ASSESSEE. THEREFORE, THE LD.CIT(A) DECIDED THE ISS UE EXPARTE AND CONFIRMED THE PENALTY LEVIED BY THE ASSESSING OFFIC ER. AGGRIEVED WITH SUCH ORDER OF THE CIT(A) THE ASSESSEE IS IN APPEAL BEFORE US. 4. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET E XPLAINED THE REASONS FOR NON-APPEARANCE BEFORE THE LD.CIT(A). H E SUBMITTED THAT SINCE THE LIQUIDATION PROCESS WAS GOING ON, THERE W AS NO PROPER COMMUNICATION BETWEEN THE ASSESSEE AND THE CONCERNE D COUNSEL FOR THE ASSESSEE FOR WHICH THE MATTER COULD NOT BE ARGUED B EFORE THE LD.CIT(A). HE SUBMITTED THAT IN THE INTEREST OF JUSTICE ONE MO RE OPPORTUNITY SHOULD BE GIVEN TO THE ASSESSEE TO EXPLAIN HIS CASE BEFORE THE CIT(A). HE ACCORDINGLY SUBMITTED THAT THE MATTER MAY PLEASE BE RESTORED TO THE FILE OF THE CIT(A) WITH A DIRECTION TO GIVE AN OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 5. THE LD. DEPARTMENTAL REPRESENTATIVE STRONGLY OPP OSED THE SUBMISSION OF THE ASSESSEE. HE SUBMITTED THAT DESP ITE SUFFICIENT OPPORTUNITY GRANTED BY THE CIT(A) THE ASSESSEE DID NOT APPEAR BEFORE HIM. THEREFORE, THE ORDER OF THE CIT(A) SHOULD BE UPHELD. 6. AFTER CONSIDERING THE RIVAL ARGUMENTS MADE BY BO TH THE SIDES, WE FIND SOME FORCE IN THE ARGUMENT OF THE LD. COUNSEL FOR THE ASSESSEE REGARDING THE NON-APPEARANCE BEFORE THE LD.CIT(A) D UE TO LIQUIDATION PROCEEDINGS GOING ON. CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE 3 AND IN THE INTEREST OF JUSTICE, WE RESTORE THE ISSU E TO THE FILE OF THE LD.CIT(A) WITH A DIRECTION TO GIVE ONE FINAL OPPORT UNITY TO THE ASSESSEE TO SUBSTANTIATE ITS CASE. SINCE WE ARE RESTORING THE MATTER TO THE FILE OF THE CIT(A) ON THIS PRELIMINARY ISSUE, WE REFRAIN OU RSELVES FROM TOUCHING UPON THE MERIT OF THE CASE. NEEDLESS TO SAY, THE L D.CIT(A) SHALL GIVE DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE AND DECI DE THE ISSUE AS PER LAW. WE HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 7. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 30-07-2014. SD/- SD/- (SHAILENDRA KUMAR YADAV) (R.K. PAND A) JUDICIAL MEMBER ACCOUNTANT M EMBER PUNE DATED: 30 TH JULY, 2014 SATISH COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. THE CIT(A)-I, PUNE 4. THE CIT-I, PUNE 5. THE D.R, A PUNE BENCH 6. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY ITAT, PUNE BENCHES, PUNE