The Lunawada Taluka Primary School Teachers Co. Op. Credit Soc. Ltd., Mahisagar V. The Income Tax Officer, Lunawada, Vadodara

MA 263/AHD/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 1597 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 04-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALBINUS TIRKEY
• Assessee Lawyers: S N SOPARKAR
• Section: 80P; 201; 264; 13; 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE LUNAWADA TALUKA PRIMARY SCHOOL TEACHERS CO - OP CREDIT SOCIETY LTD. AT & POST PARAMA, TAL: LUNAWADA, DIST MAHISAGAR - 389230 PAN: AAAAT2876N (APPELLANT) VS THE IT O , LUNAWADA (RESPONDENT) SHREE RAM CO - OP CREDIT SOCIETY LTD. CHAKALIYA ROAD, DAHOD - 389151 PAN: AAGAS4007A (APPELLANT) VS THE IT O , WARD - 1, DAHOD (RESPONDENT) REVENUE BY : S H RI ALBINUS TIRKEY , SR. D . R. ASSESSEE BY: SHRI S.N. SOPARKAR, A.R. DATE OF HEARING : 18 - 01 - 2 019 DATE OF PRONOUNCEMENT : 13 - 02 - 2 019 M.A. NO. 263/AHD/2018 (IN I T A NO . 97/ A HD/20 17) A SS ESSMENT YEAR 2013 - 14 M.A. NO. 264/AHD/2018 (IN ITA NO. 98/ AHD/20 17) ASS ESSMENT YEAR 2013 - 14 M.A. NO S . 263 & 264 /AHD/2018 (IN I.T.A NO S . 97 & 98 /AHD/20 17) A.Y. 2013 - 14 PAGE NO 2 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THE PRESENT TWO MISCELLANEOUS A PPLICATIONS ARE DIRECTED AT THE INSTANCE OF ASSESSEE POINTING APPARENT ERROR IN THE ORDER DATED 10 TH MAY, 2018 PASSED ON THE RESPECTIVE APPEAL OF THE APPLICANTS. 2. LD . COUNSEL FOR THE ASSESSEE AT THE OUTSET CONTENDED THAT ASSESSEE HAS CLAIMED DEDUCTION U/S. 80P AND 80P (2)(D) OF THE INCOME TAX ACT. SINCE INTEREST INCOME EARNED BY THE ASSESSEE ON DEPOSIT WITH THE NATIONALIZED BANKS IS CONCERNED, ISSUE WAS COVERED BY THE HON BLE HIGH COURT IN THE CASE OF STATE BANK OF INDIA. HOWEVER WITH REGARD TO THE INTEREST EARNED FROM OTHER COOPERATIVE SOCIETIES AND CO - OPERATIVE BANKS THE ISSUE HAS NOT BEEN ADJUDICATED RELATING TO CLAIM OF DEDUCTION U/S. 80 P(2)(D). THIS ISSUE HAS SPECIFICALLY BEEN PLEADED IN GROUND NO. 3 OF SHREE RAM CO - OP. CREDIT SOCIETY AND GROUND NO. 5 IN THE CASE OF THE LUNAWADA TALUKA PRIMARY SCHOOL TEACHERS CO - OP. CREDIT SOCIETY THEREFORE , AN APPARENT ERROR H AS CREPT IN THE ORDER OF THE TRIBUNAL. O N THE OTHER HAND LD. DEPARTMENTAL REPRESENTATIVE RELIED ON TH E ORDER OF T RIBUNAL. TAKING INTO CONSIDERATION THE ABOVE FACTS, WE ARE SATISFIED THAT AN APPARENT ERROR HAS BEEN CREPT IN THE ORDER OF THE TRIBUNAL BECAUSE IT FAILED TO ADJUDICATE TWO SPECIFIC G ROUNDS RAISED BY THE A S SESSEE, THEREFORE, WE RECALL BO TH THE ORDERS IN BOTH THE CASES. REGISTRY IS DIRECTED TO LIST THE APPEAL S TO ITS ORIGINAL NUMBERS FOR ADJUDICATING GROUND NO. 3 IN THE CASE OF SHREE RAM CO - OP. CREDIT SOCIETY AND GROUND NO. 5 IN THE CASE OF LUNAWADA TALUKA PRIMARY SCHOOL TEACHERS M.A. NO S . 263 & 264 /AHD/2018 (IN I.T.A NO S . 97 & 98 /AHD/20 17) A.Y. 2013 - 14 PAGE NO 3 CO - OP. CREDIT SOCIETY ON 21 ST FEB, 2019. NO S EPARATE NOTICE WILL BE ISSUED TO THE PARTIES. 3. IN THE RESULT, BOTH THE MAS ARE ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 1 3 - 02 - 201 9 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 13 /02 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,