Shri Keshav Co-Op. Credit Society Ltd. , Junagadh V. The Pr.CIT-3, Rajkot

ITA 86/RJT/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2258 (ITAT-RAJKOT)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 11-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M N MAURYA
• Assessee Lawyers: DM RINDANI
• Section: 80P; 201; 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI WASEEM AHMED , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER ./ ITA NO. 86 /RJT/201 9 / ASSE SSMENT YEAR: 201 4 - 1 5 SHRI KESHAV CO - OP. CREDIT SOCIETY LTD., DELUX SUPER MARKET, M.G. ROAD, JUNAGADH VS THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, RAJKOT PAN NO. AAA AS3 172 N / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI D . M. RINDANI , AR REVENUE BY : SHRI M. N. MAURYA , CIT(DR) / DATE OF HEARING : 2 6 / 02 /20 20 / DATE OF PRONOUNCEMENT : 28 / 02 / 20 20 PER BENCH : THE INSTANT APPEAL FILED BY THE ASSESSEE IS DIRECTED AG AINST THE ORDER DATED 2 7 . 03 .201 9 PASSED BY THE PR. COMMISSIONER OF INCOME TAX (APPEALS) - 3 , RAJKOT ARISING OUT OF THE ORDER DATED 31 . 0 8 .201 6 PASSED BY THE DC IT UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT ) FOR THE ASSESSMENT YEAR (A.Y.) 20 14 - 1 5 . 2. AT THE TIME OF HEARING OF THE INSTANT APPEAL THE LD. ADVOCATE APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE CONSEQUENTIAL ORDER HAS BEEN PASSED UNDER SECTION 143(3 ) R.W.S. 263 BY THE AO ON 29.11.2019 WHEREBY AND WHEREUNDER THE RETURNED INCOME OF THE ASSESSEE HAS BEEN ACCEPTED AND DEDUCTION UNDER SECTION 80P HAS BEEN GRANTED. HENCE, THAT ITA NO . 86 /RJT/201 9 AY 2 01 4 - 1 5 - 2 - THE PRESENT APPEAL AGAINST THE ORDER UNDER SECTION 263 HAS BECOME INFRUCTUOUS. HAVING REGARD TO THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE WE FIND NO MERIT IN THE INSTANT APPEAL THUS THE APPEAL IS DISMISSED AS INFRUCTUOUS. 3 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 28 TH FEBRUARY , 2020 AT RAJKOT . SD/ - SD/ - ( WASEEM AHMED ) ACCOUNTANT MEMBER ( MADHUMITA ROY ) JUDICIAL MEMBER RAJKOT ; DATED, 28 / 02 /20 20 TAN MAY DATTA , SR.PS TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, RA JKOT 6. / GUARD FILE . / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, RAJKOT 1. DATE OF DICTATION - 26 / 02 /20 20 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 6 /02 /20 20 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. - /02/2020 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT /02/2020 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28 /02/2 020 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .. 8. DATE OF DESPATCH OF THE ORDER