Shrinath Co. Op. Credit Society Ltd., Modasa V. The ACIT, S.K.Circle, Himatnagar

MA 47/AHD/2023

AI Insights

This case involves a Miscellaneous Application filed by Shrinath Co.op. Credit Society Ltd. concerning an earlier Tribunal order that allegedly overlooked certain grounds of appeal related to the Assessment Year 2018-19. The appellant argued that Ground No. 1 partially and Ground No. 3, which pertained to the gross total income and its exemption under Section 80P(2)(a)(i) of the Income Tax Act, were not considered in the Tribunal's decision dated 08.02.2023. The Departmental Representative acknowledged the omission. The Tribunal, upon reviewing the submissions and the record, agreed that the mentioned grounds were indeed not addressed and thus allowed the Miscellaneous Application, ordering a re-hearing on the specified grounds.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300013 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-07-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 07-05-2023
• Laws Referred To: Section 80P(2)(a)(i)
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER M. A . N o. 47 /A h d /2 0 2 3 ( I n I TA N o . 3 91 /A h d/2 0 2 2) ( A s se ss m e nt Y e a r : 20 18- 19 ) Sh rin at h Co .o p . C r e di t So ci e t y L td ., 10 1, K h a d a ya t a Sh o p pin g C e n t r e , Sta ti on R o a d, M od a s a-38 33 1 5 Vs . The A C I T, S. K . C ir cl e , Hi m a t n ag a r , D i st: S a b a r k a n t ha [ P A N N o . AA A A S 4 77 4N ] (Appellant) .. (Respondent) Appellant by : Shri Dhinal Shah, A.R. Respondent by : Shri V. K. Mangla, Sr. D.R. D a t e of H ea r i ng 07.07.2023 D a t e of P r o no u n ce me nt 07.07.2023 O R D E R This Miscellaneous Application is filed by the assessee in respect of the order dated 08.02.2023 passed by the Tribunal. 2. The Ld. A.R. submitted that there is a mistake apparent on record in order dated 08.02.2023 for A.Y. 2018-19 as Ground No. 1 partially and Ground No. 3 were not at all consider as the same is related to gross total income whether exempt under Section 80P(2)(a)(i). 3. The Ld. D.R. relied on the order of the Tribunal but pointed out that Ground No. 1 partially and Ground No. 3 was not adjudicated. 4. Heard both the parties and perused all the relevant material available on record. It appears that there is a mistake of not dealing with Ground No. 1 partially and Ground No. 3 for A.Y. 2018-19 in order dated 08.02.2023 passed by the Tribunal. Thus, the present Miscellaneous Application is M.A No.47/Ahd/2023 (in ITA No. 391/Ahd/2022) Shrinath Co.op. Credit Society Ltd. vs. ITO Asst.Year– 2018-19 - 2 - allowed. The Registry is directed to place the appeal being ITA No. 391/Ahd/2022 for A.Y. 2018-19 for hearing in respect of Ground No. 1 partially and Ground No. 3. Both the parties are informed in open court hence no need to give notice. 5. In result, the Miscellaneous Application filed by the assessee is allowed. This Order pronounced in Open Court on 07/07/2023 Sd/- (SUCHITRA KAMBLE) JUDICIAL MEMBER Ahmedabad; Dated 07/07/2023 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 07.07.2023 2. Date on which the typed draft is placed before the Dictating Member 07.07.2023 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 07.07.2023 5. Date on which the fair order is placed before the Dictating Member for pronouncement .07.2023 6. Date on which the fair order comes back to the Sr.P.S./P.S 07.07.2023 7. Date on which the file goes to the Bench Clerk 07.07.2023 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................