The Deesa Mercantile Co.Operative Society Ltd., Deesa V. The ACIT.,B.K.Circle, Palanpur

MA 38/AHD/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0931 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 30-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R P MEENA
• Assessee Lawyers: MEHUL K PATEL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) [THROUGH VIRTUAL COURT] M.A. NO: 38/AHD/2019 (IN ITA NO. 2100/AHD/2014) (ASSESSMENT YEAR: 2011-12) THE DEESA MERCANTILE CO- OPERATIVE SOCIETY LTD. RAJIV GANDHI COMPLEX, BASEMENT, OPP. FUVARA, AT. DEESA-385535, DIST- BANASKANTHA V/S ACIT, B.K. CIRCLE, PALANPUR (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MEHUL K PATEL, A.R. RESPONDENT BY : SHRI R. P. MEENA, SR. D.R. ( )/ ORDER DATE OF HEARING : 18 -12-2020 DATE OF PRONOUNCEMENT : 22 -02-2021 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1) THIS MISCELLANEOUS APPLICATION HAS BEEN FILED ON BEHALF OF THE ASSESSEE ARISING OUT OF TRIBUNAL ORDER IN ITA NO. 2100/AHD/2014. M.A. NO. 38/AHD/2019 . A.Y. 2011-12 2 2. CONTENTS OF THE APPLICATION ARE THAT THE APPEAL FILED BY THE ASSESSE ABOVE-NAMED FOR THE ASSESSMENT YEAR 2011-12 BEARING ITA. NO. 2100/AHD/2014 IS DECIDED BY HONBLE ITAT, AHMEDABAD BENCH B, AHMEDABAD VIDE ORDER DATED 10.09.2018, WHEREBY THE APPEAL OF THE ASSESSE IS DISMISSED. . 3. VIDE GROUNDS 3 TO 5 THE APPELLANT HAS CHALLENGED THE DISALLOWANCE CLAIMED U/S 80P(2)(D) OF THE ACT OF RS. 72,39,179/- IN RESPECT OF INTEREST INCOME FROM CO- OPERATIVE BANKS. THE HONBLE ITAT VIDE PAGE 9, PARA 9 OF THE ABOVE ORDER HAS FOLLOWED ANOTHER ORDER OF AHMEDABAD ITAT IN THE CASE OF THE NARASANDA MERCANTILE CO. OPERATIVE CREDIT SOCIETY IN ITA NO. 1992/AHD/2017, WHICH IN TURN HAS FOLLOWED THE DECISION OF HONBLE HIGH COURT OF KARNATAKA IN THE CASE OF PCIT V/S TOTGARS CO-OPERATIVE SALE SOCIETY 83 TAXMANN.COM 140 (KARNATAKA), WHEREBY IT IS HELD THAT THE DEDUCTION U/S 80P(2)(D) OF THE ACT IS NOT ALLOWABLE TO THE APPELLANT. 4. THE APPLICANT FURTHER STATED THAT TRIBUNAL HAS FAILED TO APPLY THE RATIO OF THE HONBLE SUPREME COURT AND THE JURISDICTIONAL HIGH COURT AND SAME IS AMOUNT TO MISTAKE APPARENT ON RECORD. WE FIND THAT INADVERTENTLY JUDGMENT CITED BY THE APPLICANT WAS NOT CONSIDERED AND WE FIND SAME INADVERTENT MISTAKE APPARENT ON RECORD. 5. IN VIEW OF THE ABOVE, WE RECALL ORDER DATED 10.09.2018 IN ITA NO. 2100/AHD/2014 FOR ASSESSMENT YEAR 2011-12. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 22 - 02- 2021 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY JUDICIAL MEMBER AHMEDABAD: DATED 22/02/2021