M/S. M.P.STATE COOPERATIVE MARKETING FEDERATION LTD., Bhopal V. ACIT2(1), Bhopal

MA 13/Ind/2022

AI Insights

The case involves M/s M.P. State Cooperative Marketing Federation Ltd., the applicant, who filed a Miscellaneous Application under section 254(2) of the Income-tax Act, 1961, seeking rectification of a previous order by the ITAT, Indore Bench. The original appeal, ITA No. 18/Ind/2019, was partly allowed, but one of the grounds concerning a protective disallowance of Rs. 1,18,52,613 under section 80P was not adjudicated and was considered infructuous. The applicant contested this decision, leading to the current Miscellaneous Application.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 127203 (ITAT-INDORE)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-12-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 08-09-2022
• Assessment Year: misc
• Appeal Filed On: 08-09-2022
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 80P; 254(2)

Judgement Text

आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER (Conducted through Virtual Court) MA No. 13/Ind/2022 (Arising out of ITA No. 18/Ind/2019) Assessment Year: 2013-14 M/s M.P. State Cooperative Marketing Federation Ltd. Bhopal बनाम/ Vs. ACIT-2(1), Bhopal (Applicant/Assessee) (Respondent/ Revenue) PAN: AABAT 4628 H Assessee by Shri Anil Khabya, AR Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 09.09.2022 Date of Pronouncement 09.12.2022 आदेश / O R D E R Per B.M. Biyani, A.M.: This Misc. Application u/s 254(2) of Income-tax Act, 1961 is preferred by assessee seeking rectification / recall of the Order dated 17.02.2022 of ITAT, Indore Bench in ITA No. 18/Ind/2019 for assessment-year 2013-14 by which the assessee’s appeal was partly allowed. 2. Heard the learned Representatives of both sides and case-records perused. M.P. State Cooperative marketing Federation Ltd. MANo.13/Ind/2022 Assessment year 2013-14 Page 2 of 3 3. Ld. AR submits that the while deciding the aforesaid appeal, the bench has treated Ground No. 2 raised by assessee as infructuous and therefore did not adjudicate upon the same. 4. Ld. AR submits that the said ground involves a protective disallowance out of deduction u/s 80P amounting to Rs. 1,18,52,613/- which needs to be properly adjudicated and cannot be said to be infructuous. Therefore, the assessee prays that the original appeal be restored and Ground No. 2 be decided on merits. 5. Ld. DR agrees to the prayer raised in the Misc. Application. 6. In view of above, we are inclined to accept this Misc. Application for the limited purpose of adjudication of Ground No. 2 raised in the original appeal on merit. The registry is directed to re-fix the original appeal on a suitable date for hearing by the Bench having same composition as in the original appeal. 7. In the result, this Misc. Application is allowed in terms indicated above. Order pronounced as per Rule 34 of I.T.A.T. Rules, 1963 on 9/12/2022. Sd/- Sd/- (T.R. SENTHIL KUMAR) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER Indore दनांक /Dated : 09.12..2022 Patel/Sr. PS M.P. State Cooperative marketing Federation Ltd. MANo.13/Ind/2022 Assessment year 2013-14 Page 3 of 3 Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Sr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore 1. Date of taking dictation 6.12.22 2. Date of typing & draft order placed before the Dictating Member 6.12.22 3. Date on which the approved draft comes to the Sr. P.S./P.S. 6.12.22 4. Date on which the approved draft is placed before other Member 5. Date on which the fair order is placed before the Dictating Member for pronouncement 6. Date on which the file goes to the Bench Clerk 7. Date on which the file goes to the Head Clerk 8. Date on which the file goes to the Assistant Registrar for signature on the order 9. Date of dispatch of the Order