KOTASAHI SERVICE CO-OPERATIVE SOCIETY LIMITED,CUTTACK V. INCOME TAX OFFICER ,WARD 1(1), CUTTACK, CUTTACK

ITA 5/CTK/2026

AI Insights

The case involves Kotasahi Service Cooperative Society Limited appealing against the order of the CIT(A), NFAC, Delhi, which confirmed the levy of penalty under Section 270A of the Income Tax Act, 1961 for the Assessment Year 2018-19. The appeal was heard by the Income Tax Appellate Tribunal, Cuttack Bench. The assessee was represented by Shri P.K. Mishra and Shri Himanshu Jena, while the revenue was represented by Shri Vijay Singh Kiroriwal. The primary contention was that the appeal against the quantum additions was still pending before the CIT(A), and thus, the issues related to the penalty should also be adjudicated in conjunction with the quantum appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 839133 (ITAT-CUTTACK)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 03-01-2026
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI MADHUSUDAN SAWDIA, ACCOUNTANT MEMBER ITA No. 05/CTK/2026 (Assessment Year: 2018-19) Kotasahi Service Cooperative Society Limited, At PO- Kota Sahi, VIA-Tangi, Cuttack- 754022 (Odisha) PAN No. AAABK 0631 P Vs. I.T.O. Ward 1(1), Cuttack. Appellant/ Assessee Respondent/ Revenue Assessee represented by Shri P.K. Mishra and Shri Himanshu Jena, A.Rs. Department represented by Shri Vijay Singh Kiroriwal, Sr.DR Date of hearing 18/02/2026 Date of pronouncement 18/02/2026 O R D E R PER: BENCH 1. This is an appeal filed by the assessee against the order of the ld. CIT(A), NFAC, Delhi in Appeal No. CIT(A), NFAC/2017-18/10488081 dated 04/12/2025 for the A.Y. 2018-19 confirming the levy of penalty under Section 270A of the Income Tax Act, 1961. 2. Shri P.K. Mishra with Shri Himanshu Jena, ld. A.Rs. appeared on behalf of the assessee and Shri Vijay Singh Kiroriwal, ld. Sr.DR represented on behalf of the revenue. 3. It was submitted by the ld. AR that the appeal against the quantum additions is itself pending before the ld. CIT(A). It was a prayer that the issues in this appeal may be restored to the file of the ld. CIT(A) for adjudication alongwith the quantum appeal. Printed from counselvise.com ITA No. 05/Ctk/2026 Kotasahi Service Co-operative Society Ltd. Vs ITO 2 4. In reply, the ld. Sr.DR did not raise any serious objection. 5. We have considered the rival submissions. Perusal of the facts in the present case clearly shows that the quantum appeal is pending before the ld. CIT(A), this being so, in the interest of justice, the order of the ld. CIT(A) confirming the penalty stands set aside and restore to the file of ld. CIT(A) for readjudication alongwith the appeal against the quantum additions. 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 18/02/2026. Sd/- Sd/- (MADHUSUDAN SAWDIA) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated: 18/02/2026 *Ranjan Copy to: 1. Assessee - Kotasahi Service Cooperative Society Limited, At PO- Kota Sahi, VIA-Tangi, Cuttack- 754022 (Odisha) 2. Revenue- I.T.O., Ward 1(1), Cuttack. 3. CIT(A), NFAC, Delhi 4. CIT 5. DR 6. Guard File By Order Assistant Registrar, ITAT, Cuttack Printed from counselvise.com "