Income Tax Officer, Ward-1(3), Belagavi V. Shri Ganesh Co-op. Credit Society Ltd., Belgaum

MA 31/PAN/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4592 (ITAT-PANAJI)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 25-05-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ANAND S MARATHE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI , HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER M.A.NO. 3 1 /PAN/2015 ( ITA NO. 29 /PN J /201 4 ) (ASST. YEAR : 20 1 0 - 1 1 ) ITO, WARD - 1(3) , BELGAUM . VS. SHRI GANESH COOPERATIVE CREDIT SOCIETY LTD., POST : KALKHAMB, DIST. BELGAUM. PAN NO. AATFS 3555 P (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI ANAND S. MARATHE - DR DATE OF HEARING : 22 / 0 7 /201 6 . DATE OF PRONOUNCEMENT : 22 / 0 7 /201 6 . O R D E R PER NARENDRA S. SAINI , ACCOUNTANT MEMBER THIS IS A MISC. APPLICATION FILED BY THE REVENUE IN ITA NO. 29 /PNJ/201 4 DATED 31/10/2014 . 2. SHRI ANAND S. MARATHE, DEPARTMENTAL REPRESENTATIVE REPRESENTED ON BEHALF OF THE DEPARTMENT . N ONE REPRESENTED ON BEHALF OF THE ASSESSEE. 3 . IT WAS SUBMITTED BY THE DEPARTMENTAL REPRESENTATIVE THAT THERE WAS AN ERROR IN PARA NO. 16 OF THE ORDER WHEREIN IT IS MENTIONED AS FOLLOWS: - 16. ...... .. WE, THEREFORE, CONFIRM THE ORDER O F THE CIT(A) NOT ALLOWING DEDUCTION UNDER SECTION 80 P (2)(A)(I) TO THE ASSESSEE. 2 M.A . NO. 31 /PAN/2015 ( ITA NO. 29 /P NJ /201 4 ) 4 . WE HAVE CONSIDERED THE SUBMISSIONS. ADMITTEDLY, THERE IS A TYPOGRAPHICAL ERROR IN THE O R DER OF THE TRIBUNAL. CONSEQUENTLY IN PARA 16 , THE SENTENCE WE, THEREFORE, CONFIRM THE ORDER OF THE CIT(A) NOT ALLOWING DEDUCTION UNDER SECTION 80 P (2)(A)(I) TO THE ASSESSEE IS TO BE READ AS WE, THEREFORE, REVERSE THE ORDER OF THE CIT(A) NOT ALLOWING DEDUCTION UNDER SECTION 80 P (2)(A)(I) TO THE ASSESSEE . 5. IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS PARTLY ALLOWED . ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE HEARING ON FRIDAY , THE 2 2 ND DAY OF JULY , 201 6 AT GOA . S D / - S D / - (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 2 2 ND JU LY , 201 6 . VR/ - COPY TO: 1 . THE ASSESSEE. 2 . THE REVENUE. 3 . THE CIT 4 . THE CIT(A) 5 . THE D.R . 6 . GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., PANAJI