S 1911 A.N.Pudur PACCS Ltd., Salem V. ITO Ward 2(3), Salem

MA 122/CHNY/2018

• Counselvise Citation: [2018] 111 COUNSELVISE.COM (IT) 1474 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 05-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN JCIT
• Assessee Lawyers: M NARAYANAN RTD
• Section: 254(2)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI , , $ BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER M.P. NO. 122 / CHNY /201 8 ( ./I.T.A. NO. 2331/CHNY/2017) / ASSESSMENT YEAR: 2014-15 INCOME TAX OFFICER, WARD-2(4), SALEM. 7 ( /APPELLANT) VS. M/S. S. 1911 A.N. PUDUR PACCS LTD., A.N. MANGALAM POST, SALEM 636 106. [PAN: AAEAS 8711R] ( /RESPONDENT) ASSESSEE BY : SHRI M. NARAYANAN, RTD. ADDL. CIT REVENUE BY : SHRI B. SAGADEVAN, JCIT & /DATE OF HEARING : 05.10.2018 & /DATE OF PRONOUNCEMENT : 05.10.2018 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS MISCELLANEOUS PETITION AGA INST THE ORDER OF THIS TRIBUNAL IN ITA NO. 2331/CHNY/2017 FOR ASSESSMENT Y EAR 2014-15, WHEREIN, THIS TRIBUNAL CONSIDERING THE FACT RECORDED BY THE ASSESSING OFFICER, INTER ALIA, THAT THE ASSESSEE HAS NOT CARRIED OUT ANY ACTIVITIE S IN CONNECTION WITH :-2-: MP. NO.122/CHNY/2018 AGRICULTURAL ACTIVITY, AS PROVIDED UNDER EXPLANATIO NS OF SECTION 80P(4), ITS ACTIVITIES ARE PURELY A COMMERCIAL BANKING ACTIVITY , IT IS CLEAR THAT THE ASSOCIATE MEMBER IS ADMITTED INTO THE SOCIETY FOR THE PURPOSE OF AVAILING LOAN AND DO NOT HAVE ANY OTHER RIGHTS/OBLIGATIONS AS ENDOWED TO A MEMBER ETC., THE ASSESSEES SUBMISSIONS AND OTHER MATERIAL, APPLYING THE SUPREME COURT DECISION IN THE CASE OF CITIZEN CO-OPERATIVE SOCIET Y LIMITED, THROUGH ITS MANAGING DIRECTOR, HYDERABAD VS ACIT DATED 08.08.20 17 IN CIVIL APPEAL NO. 10245 OF 2017 HELD THAT THE ASSESSEE CANNOT BE TREA TED AS A CO-OPERATIVE SOCIETY MEANT ONLY FOR ITS MEMBERS AND PROVIDING CR EDIT FACILITIES TO ITS MEMBERS AND HENCE THEY ARE NOT ENTITLED TO THE BENE FIT OF SECTION 80P(2)(A)(I). AGAINST THAT ORDER, THE ASSESSEE FIL ED THIS PETITION IN MP NO. 122/CHNY/2018. 2. WE HEARD THE RIVAL CONTENTIONS. FROM THE VARIOU S JUDGEMENTS OF THE SUPREME COURT AND OTHER HIGH COURTS, IT IS CLEAR, THAT THE TRIBUNALS POWER U/S. 254(2) IS NOT TO REVIEW ITS EARLIER ORDER, BUT ONLY TO AMEND IT WITH A VIEW TO RECTIFY ANY MISTAKE APPARENT FROM THE RECORD. A N ERROR APPARENT ON THE RECORD MEANS AN ERROR WHICH STRIKES ONE ON MERE LOO KING AND DOES NOT NEED A LONG DRAWN OUT PROCESS OF REASONING ON POINTS ON WH ICH THERE MAY BE CONCEIVABLY TWO OPINIONS. THE ERROR SHOULD NOT REQ UIRE ANY EXTRANEOUS MATTER TO SHOW ITS INCORRECTNESS. IF THE VIEW ACCE PTED BY THE TRIBUNAL IN THE IMPUGNED ORDER IS ONE OF POSSIBLE VIEWS, THE CASE C ANNOT BE SAID TO BE COVERED BY AN ERROR APPARENT ON THE FACE OF THE REC ORD. SINCE THE ASSESSEE IS :-3-: MP. NO.122/CHNY/2018 NOT ABLE TO EXACTLY POINT OUT THE MISTAKE APPARENT FROM THE RECORD, THE MP IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 05 TH OCTOBER, 2018 AT CHENNAI. SD/- ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) ! /ACCOUNTANT MEMBER /CHENNAI, + /DATED: 05 TH OCTOBER, 2018 JPV &-./0/ /COPY TO: 1. 1 / APPELLANT 2. -31 /RESPONDENT 3. 4 ) ( /CIT(A) 4. 4 /CIT 5. /- /DR 6. /GF