J 979 KUNKALAMARRU PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LIMITED,PRAKASAM V. ITO., WARD-1, CHIRALA

ITA 799/HYD/2024

AI Insights

The case involves the Kunkalamarru Primary Agricultural Co-operative Credit Society, which appealed against the orders of the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre, Delhi, for the assessment year 2017-18. The society contended that a wrong PAN was allotted to them and despite their efforts to rectify this, their claims were not accepted due to insufficient material presented during the assessment and appellate proceedings. The Tribunal, considering the nature of the assessee as a Primary Agricultural Cooperative Credit Society and the intent of the Revenue Authorities to determine the correct tax liability, decided to provide a final opportunity to the assessee to present all relevant materials.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 36411 (ITAT-HYDERABAD)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB-B
• Next Hearing Date: 11-11-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 22-08-2024
• Laws Referred To: Income Tax Act, 1961, Income Tax Rules, 1962
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOOKAMBI KEYAN S
• Assessee Lawyers: SRINIVAS MADDURY
• Keywords: Additional evidence; Co-operative Credit Society

Judgement Text

"आयकर अपीलीय अधधकरण, हैदराबाद पीठ में IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”, HYDERABAD BEFORE SHRI K. NARASIMHA CHARY, HON’BLE JUDICIAL MEMBER & SHRI MADHUSUDAN SAWDIA, HON’BLE ACCOUNTANT MEMBER आ.अपी.सं / ITA Nos. 798 & 799/Hyd/2024 (धनधाारण वर्ा / Assessment Year: 2017-18) J 979 Kunkalamarru Primary Agricultural Co- operative Credit Society Limited, Kunkalamarru, Prakasam District, Andhra Pradesh – 523168. PAN: AAFFJ2886A Vs. Income Tax Officer, Ward-1, Chirala. अपीलाथी / Appellant प्रत्‍ यथी / Respondent धनधााररती द्वारा/Assessee by: Shri Srinivas Maddury, AR राजस्‍ व द्वारा/Revenue by: Shri Mookambikeyan S – Sr. AR सुनवाई की तारीख/Date of hearing: 11/11/2024 घोर्णा की तारीख/Pronouncement on: 13/11/2024 आदेश / ORDER PER K. NARASIMHA CHARY, Judicial Member: Aggrieved by the orders dated 24/06/2024 and 25/06/2024 passed by the learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of J 979 Kunkalamarru Primary Agricultural Co-operative Credit Society Limited 2 (“the assessee”) for the assessment year 2017-18, the assessee preferred these appeals. 2. At the outset, the learned Authorized Representative (“learned AR”) submitted that the assessee is not well conversant with the proceedings under the Income Tax Act, 1961 (“the Act”) and though the assessee filed an affidavit stating that wrong PAN was allotted to the assessee and every effort was made to explain the same and to get it rectified, however, since the assessee could not gather all the material required for making out their claim before the learned Assessing Officer (“learned AO”) and the learned CIT(A), its claim was not accepted. Learned AR requested for affording an opportunity for submission of all the relevant material before the learned Revenue Authorities and to get its claim adjudicated on merits. 3. Learned Departmental Representative (“learned DR”) opposed the request made on behalf of the assessee stating that the learned CIT(A) was constrained to observe that the negligence on behalf of the assessee during the course of assessment proceedings and also before the Appellate Authority, and observed that in the absence of any application for admission of additional evidence under Rule 46A of the Income Tax Rules, 1962 (“the Rules”), the claim of the assessee cannot be considered and therefore, no opportunity may further be provided to the assessee. 4. Having gone through the record, we are of the considered opinion that the assessee did not prosecute the proceedings before the learned Lower Authorities by submitting the documents they relied upon and also praying for the submission of the additional evidence which resulted in denial of the relief to the assessee. However, all the endeavor of the learned Revenue Authorities is to determine the correct tax liability of the assessee and more particularly in view of the fact that the assessee is a Primary Agricultural Cooperative Credit Society. In this set of 3 circumstances, we are of the considered view that the ends of justice would be met by affording a final opportunity to the assessee to submit all the material before the learned AO and get its case adjudicated on merits. 5. With this view of the matter, we accept the request made on behalf of the assessee. Accordingly, we set-aside the impugned order and restore the issue to the file of the learned AO to admit the material, if any, filed by the assessee and to take a view in accordance with law after affording a reasonable opportunity to the assessee of being heard. Grounds are answered accordingly. 6. In the result, both the appeals of the assessee are allowed for statistical purposes. Order pronounced in the open court on 13th November, 2024. Sd/- Sd/- (MADHUSUDAN SAWDIA) (K. NARASIMHA CHARY) लेखा सदस्य/ACCOUNTANT MEMBER न्याययकसदस्य/JUDICIAL MEMBER Dated :13.11.2024 OKK - SPS 4 Copy forwarded to: 1. J 979 Kunkalamarru Primary Agricultural Co-operative Credit Society Limited, 3-127, Kunkalamarru Prakasam, Kunkalamarru BO, 523168, Andhra Pradesh. 2. Income Tax Officer, Ward-1, Chirala, Andhra Pradesh-523155. 3. Pr. CIT, Guntur. 4. DR, ITAT, Hyderabad. 5. GUARD FILE TRUE COPY ASSISTANT REGISTRAR ITAT, HYDERABAD "