Punjab State Cooperative Labour & Construction Federation Ltd., Chandigarh V. DCIT, Chandigarh

ITA 843/CHANDI/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7015 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 19-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B K NOHRIA
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, SMC, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER ITA NO.843/CHD/2017 ASSESSMENT YEAR: 2013-14 PUNJAB STATE COOPERATIVE LABOUR & VS. THE DCIT, CONSTRUCTION FEDERATION LTD., CIRCLE 1(1), SCO-2, INDUSTRIAL AREA,PHASE-II, CHANDIGARH. CHANDIGARH. PAN NO. AACAT0345A (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI B.K.NOHRIA RESPONDENT BY : SMT. CHANDER KANTA, SR.DR DATE OF HEARING : 29.06.2017 DATE OF PRONOUNCEMENT : 01.08.2017 ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE A SSAILING THE CORRECTNESS OF THE ORDER DATED 27.04.2017 OF CIT (A PPEALS)-1 CHANDIGARH PERTAINING TO 2013-14 ASSESSMENT YEAR ON THE FOLLOWING GROUND : THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT (A)-L CHANDIGARH HAS ERRED IN LAW AND FACTS IN UPHOLDING THE CONTENTION OF THE LEARNED A 0 IN DISALLOWING DEDUCTION OF RS.2,58,656/- UNDER SECTION 80P(2)(D) OF THE INCOME TAX ACT, 1961 WITHOUT VERIFYING THE FACTS WITH RESPECT TO THE NUMBER OF O PPORTUNITIES AND TIME GIVEN BY THE LEARNED AO TO THE ASSESSEE FOR SUBMISSION OF CERTI FICATE OF THE COOPERATIVE BANK. 2. AT THE TIME OF HEARING, AN ADJOURNMENT APPLICATI ON WAS MOVED ON BEHALF OF THE ASSESSEE. CONSIDERING THE FACT THAT AN ADJOURNMENT HAD BEEN SOUGHT FOR FILING RELEVANT DOCUMENTS AND CONSI DERING THE GROUND RAISED, IT WAS CONSIDERED APPROPRIATE TO REJECT THE SAME AND DIRECT THE ASSESSEE TO ARGUE THE APPEAL. ACCORDINGLY, A PASS OVER WAS GIVEN. IN THE PASS OVER PROCEEDINGS, THE LD. AR INVITING ATTE NTION TO THE ASSESSMENT ORDER DATED 29.02.2016 SUBMITTED THAT TH E OBSERVATION OF THE AO TAKEN NOTE OF BY THE CIT(A) THAT ENOUGH OPPO RTUNITY HAD BEEN GIVEN, IS IN-FACT INCORRECT OBSERVATION AS THE ASSE SSEE INFACT WAS REQUIRED TO FILE EVIDENCE IN SUPPORT OF INTEREST RE CEIPT FOR THE FIRST TIME ON 26.02.2016. ON 27 TH FEBRUARY 2016 AND 28.02.2016, IT WAS A BANK ITA 843/CHD/2017 A.Y. 2013-14 PAGE 2 OF 2 HOLIDAY. THE ORDER STOOD PASSED ON 29.02.2016 I.E THE FIRST WORKING DAY THEREAFTER. ACCORDINGLY, IT WAS SUBMITTED THAT THE LIMITED PRAYER OF THE ASSESSEE IS THAT THE ORDER MAY BE PASSED ON THE BAS IS OF THE EVIDENCES WHICH ARE TO BE PLACED ON RECORD AND EFFECTIVELY HA VE NOT BEEN CONSIDERED. 3. THE LD. SR.DR MS. CHANDER KANTA, CONSIDERING THE MATERIAL AVAILABLE ON RECORD SUBMITTED THAT THE EVIDENCE WHI CH WAS SOUGHT TO BE FILED BEFORE THE CIT(A) WAS FOUND TO BE NOT IN PROP ER FORMAT. HOWEVER, SHE HAD NO OBJECTION IF THE FRESH EVIDENCES ARE CON SIDERED AND THE MATTER IS RESTORED TO THE AO AS REQUESTED BY THE LD . AR. 4. IN THE LIGHT OF THE SUBMISSIONS OF THE PARTIES B EFORE THE BENCH, THE IMPUGNED ORDER IS SET ASIDE AND THE ISSUE IS RESTOR ED BACK TO THE FILE OF THE AO WITH A DIRECTION TO THE ASSESSEE TO PLACE FU LL FACTS AND EVIDENCES BEFORE THE SAID AUTHORITY. THE AO CONSIDERING THE SAME SHALL PASS A SPEAKING ORDER IN ACCORDANCE WITH LAW. NEEDLESS TO SAY THAT A REASONABLE OPPORTUNITY OF BEING HEARD SHALL BE GIVE N TO THE ASSESSEE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 01.08. 2017. SD/- (DIVA SINGH) JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.