Shri Vijaylaxmi Co-op. Credit Society, Belgaum V. Income Tax Officer Ward 1, Belgaum

MA 18/PAN/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2174 (ITAT-PANAJI)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 05-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SONAL L SONKAVDE LD
• Assessee Lawyers: S R KOKATE I T P

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P.K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER M.A NO. 18/PNJ/2014 ( OUT OF ITA NOS. 236 &237/PNJ/2013 ) : (ASST. YEARS: 2009 - 10 & 2010 - 11) SHRI VIJAY LAXMI CO - OPERATIVE CREDIT SOCIETY LTD, JANWAD, TAL : CHIKODI, BELGAUM (APPLICANT) PAN : AACAS1009A VS. INCOME TAX OFFICER, WARD 1, NIPANI. (RESPONDENT) APPLICANT BY : SHRI S. R. KOKATE, I.T.P. RESPONDENT BY : SMT SONAL L. SONKAVDE, LD. DR DATE OF HEARING : 06/06/2014 DATE OF PRONOUNCEMENT : 06 /06/2014 O R D E R PER P.K. BANSAL 1. THE ASSESSEE HAS FILED THE ABOVE MISCELLANEOUS APPLICATION AGAINST THE ORDER OF ITAT DT. 28.3.2014 STATING THEREIN THAT THE ASSESSEE HAS ADMITTED ANOTHER SOCIETY NAMELY SRI LAXMI KRISHI PATLIA SAHAKARI SANG NIYAMIT JANAWAD AS A MEMBER. THE ASSESSEE HAS AM ENDED THE BYE - LAWS SPECIFICALLY MENTIONING THAT THE MEMBERSHIP IS OPEN TO OTHER SOCIETY WHICH HAS BEEN APPROVED BY THE ASSISTANT REGISTRAR OF CO - OPERATIVE SOCIETIES. THUS, IT WAS CONTENDED THAT SINCE THE CO - OPERATIVE SOCIETY CAN BECOME A MEMBER OF THE ASS ESSEE CO - OPERATIVE SOCIETY, THEREFORE, THERE HAS BEEN A MISTAKE APPARENT IN THE ORDER OF THE TRIBUNAL. 2. THE LD. DR ON THE OTHER HAND CONTENDED THAT THE BYE - LAWS HAS BEEN AMENDED AND HAS BEEN APPROVED BY THE OFFICE OF THE ASST. REGISTRAR OF CO - OPERATIV E SOCIETIES VIDE LETTER DT. 21.8.2013 W.E.F. 21.8.2013. THEREFORE, THIS WILL NOT APPLY TO THE AFORESAID ASSESSMENT YEAR. 2 M.A NO.18/PNJ/2014 (OUT OF ITA NOS.236&237/PNJ/2013) (ASST. YEARS : 2009 - 10 & 2010 - 11) 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULLY CONSIDERED THE SAME. WE NOTED THAT THE ASSESSEE SOCIETY HAS AMENDED THE BYE - L AWS. AS PER THE AMENDED BYE - LAWS, CO - OPERATIVE SOCIETIES CAN BECOME MEMBER OF THE ASSESSEE CO - OPERATIVE SOCIETY. THE AMENDMENT HAS BEEN MADE EFFECTIVE FROM 21.8.2013 AS PER THE LETTER OF THE ASST. REGISTRAR OF CO - OPERATIVE SOCIETIES, CHIKODI DT. 21.8.201 3. THE ORDER OF THE ASST. REGISTRAR R E ADS AS UNDER : GOVT. OF KARNATAKA (CO - OPERATIVE SECTION) NO. AR.11/RSR/XMA/109/13 - 14 OFFICE OF THE ASSISTANT REGISTRAR OF CO - OP. SOCIETIES, CHIKODI. DATE : 21 - 08 - 2013 ORDER THE GENERAL BODY MEETING DATED : 26 - 07 - 2013 OF SHRI VIJAYLAXMI CO - OP. CREDIT SOCIETY LTD., JANAWAD, TAL : CHIKODI FOR AMENDMENT OF BYE - LAW I SHRI R.M. HEDDURSHETTI ASST. REGISTRAR OF CO - OP. SOCIETIES, CHIKODI SUB DIVISION CHIKODI UNDER THE POWER OF SECTION 12(2) OF KARNATAKA CO - OP. SOCIET IES AT 1959 AND GOVT. ORDINANCE NO. CO/139/CLM/2010, DATED : 17 - 02 - 2011 HEREBY APPROVED AND CONFIRM THE FOLLOWING AMENDMENT IN THE BYE LAW. NUMBER OF THE AMENDMENT IN BYE LAW DETAILS OF AMENDMENT BYE LAW NO. 1 TO 83 ONLY ARE HEREBY APPROVED. THE APPROVED REGISTERED BYELAW COPY IS ATTACHED. CONDITIONS : 1) THIS BYELAW IS COMES IN TO EFFECT FROM 21 - 08 - 2013 AND INCASE IF THIS BYELAW IS TO BE AMENDED THEN THE PERMISSION MAY BE OBTAINED FROM CONCERN OFFICE. 2) THE APPROVED BYELAW ORDER COPY IS TO BE ATTACHED WITH THE ORIGINAL RECORDS OF THE SOCIETY. THIS ORDER DATED 21 - 08 - 2013 IS PRANOUNCED IN THIS OFFICE WITH SEAL AND MY SIGNATURE TODAY. SEAL COPY TO : SD/ - CHAIRMAN/CEO R.M. HEDDURSHETTI SHRI VIJAYLAXMI CO - OP. SOCIETY LTD. ASST. REGISTRAR OF CO - OP. JANAWAD, TAL : CHIKODI SOCIETIES, CHIKODI SUB - DIVISION, CHIKODI. 3 M.A NO.18/PNJ/2014 (OUT OF ITA NOS.236&237/PNJ/2013) (ASST. YEARS : 2009 - 10 & 2010 - 11) IN VIEW OF AFORESAID ORDER OF THE ASST. REGISTRAR OF CO - OPERATIVE SOCIETIES, WE FIND THAT THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL. THE ORDER OF THE TRIBUNAL RELATES TO A.YS 2009 - 10 AND 2010 - 11. THE AMENDMENT AS PER THE ORDER CAME INTO FORCE ONLY ON 21.8.2013 AND THEREFORE WILL NOT APPLY TO THOSE ASSESSMENT YEARS. THUS, THERE IS NO MISTAKE APPARENT IN THE ORDER OF THIS TRIBUNAL. ACCORDINGLY, THE MIS CELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS DISMISSED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 6.6.2014. S D / - S D / - (D.T.GARASIA) JUDICIAL MEMBER (P.K. BANSAL) ACCOUNTANT MEMBER PLACE : PANAJI / GOA DATED : 6 .06.2014 *SSL* COPY TO : (1) APPLICANT (2) RESPONDENT (3) CIT CONCERNED (4) CIT(A) CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER SR. PRIVATE SECRETARY ITAT, PANAJI, GOA