M/s. Samrudha Souharda Credit Co-operative Limited, Bangalore V. Income Tax Officer, Ward- 5(2)(4), Bangalore

MA 68/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7142 (ITAT-BANGALORE)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 12-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: GURUPRASAD
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL S M C C BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER M.P. NO.68/BANG/2020 (IN ITA NO. 131 /BANG/20 20) (ASSESSMENT YEAR: 20 15 - 16 ) M/S. SAMRUDHA SOUHARDA CREDIT CO - OPERATIVE LTD., NO.518/A, 3 R D MAIN BANASHANKARI, 1 ST STAGE, SRINAGAR, BANGALORE 560 050 PAN ABDFS 9268A . PETITIONER VS. INCOME TAX OFFICER , WARD 5(2)(4), BANGALORE. RESPONDENT. PETITIONER BY: SHRI GURU PRASAD, ADVOCATE. RESPONDENT BY: SHRI GANESH R GHALE, STANDING COUNSEL. DATE OF HEARING : 04.09 .20 20. DATE OF PRONOUNC EMENT : 04 .09 .20 20. O R D E R TH IS MISC. PETITION FILED BY THE ASSESSEE SEEKING RECALL OF THE ORDER OF TRIBUNAL IN ITA NO.131/BANG/2020 DT.28.02.2020. 2. THE LEARNED AUTHORISED REPRESENTATIVE SUBMITTED THAT THE AUTHORISED REPRESENTATIVE WAS UNABLE TO APPEAR ON THE DATE OF HEARING DUE TO UNEXPECTED AND UNTIMELY DEATH OF HIS FATHER . BEING SO, NON - APPEARANCE BEFORE THE TRIBUNAL ON THE SCHEDULE DATE OF HEARING WAS UNINTENTIONAL AND THERE WAS A GOOD AND SUFFICIENT 2 M.P. NO. 68/BANG/2020 REASON FOR THE SAME. HE FILED A N AFFIDAVIT STATING THE REASONS FOR NON - APEARANCE BEFORE THE TRIBUNAL ON 27.02.2020. HE FURTHER SUBMITTED THAT THE ISSUE IN DISPUTE WAS SQUARELY COVERED BY THE DECISION OF JURISDICTIONAL HIGH COURT IN THE CASE OF SWABHIMA SOUHARDA CREDIT CO - OPERATIVE LTD. TS - 25 - HC - 2020 (KAR). ACCORDING TO THE LD. AR, THE MATTER WAS REMITTED BACK TO THE FILE OF ASSESSING OFFICER WOULD CAUSE GREAT LOSS OF TIME, EFFORT AND RESOURCES OF THE ASSESSEE LIKE SMALL ENTERPRISE CANNOT AFFORD. THUS HE PRAYED THAT THE ORDER OF TRIBUN AL MAY BE RESTORED FOR FRESH HEARING AND DISPOSAL ON MERITS IN THE LIGHT OF THE ABOVE CITED DECISION. THE LD. DR SUBMITTED THAT THE ISSUE WAS REMITTED BY TRIBUNAL WITH REGARD TO GRANTING OF DEDUCTION UNDER SECTION 80P(2)(A)(I) OF THE ACT IN THE LIGHT OF B INDING DECISION OF CO - ORDINATE BENCH OF TRIBUNAL IN THE CASE OF M/S. SINDHU CREDIT SOUHARDA SAHAKARI NIYAMITA VS. ITO IN ITA NO.2144/BANG/2019 DT.4.12.2019 AND THE TRIBUNAL HAS NOT COMMITTED ANY ERROR IN REMITTING THE ISSUE TO THE FILE OF ASSESSING OFFICE R FOR FRESH CONSIDERATION IN THE LIGHT OF ABOVE ORDER OF TRIBUNAL. HE RELIED ON THE ORDER OF THE TRIBUNAL. 3. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD. ADMITTEDLY, IN THIS CASE NONE APPEARED ON THE SCHEDULE DATE OF HEARING BY THE ASSESSEE ON 28.02.2020. IN SPITE OF THIS, THE BENCH HEARD THE LD. DR AND FOLLOWED THE DECISION OF THE CO - ORDINATE BENCH OF TRIBUNAL IN THE CASE OF M/S. SINDHU CREDIT SOUHARDA SAHAKARI NIYAMITA VS. ITO (SUPRA) AND REMITTED THE ISSUE IN DISPUTE WITH RE GARD TO DEDUCTION UNDER SECTION 80P(2)(A)(I) OF THE ACT. IN MY OPINION, NO DAMAGE HAS BEEN CAUSED TO THE ASSESSEE IN FOLLOWING THE BINDING DECISION OF THE TRIBUNAL IN THE CASE OF IN THE CASE OF M/S. SINDHU CREDIT SOUHARDA SAHAKARI NIYAMITA VS. ITO (SUPRA ). AS SUCH IT CANNOT BE SAID THAT THE TRIBUNAL HAS COMMITTED AN ERROR IN FOLLOWING THE ABOVE DECISION OF THE TRIBUNAL (SUPRA) AND THERE IS NO MISTAKE APPARENT ON RECORD AS PER SECTION 254(2) OF THE ACT. ACCORDINGLY, I FIND NO MERIT 3 M.P. NO. 68/BANG/2020 IN THE ARGUMENT OF THE ASSESSEE AND THE MISC. PETITION FILED BY THE ASSESSEE IS DISMISSED. 4. IN THE RESULT, THE MISC. PETITION OF ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/ - ( CHANDRA POOJARI ) ACCOU NTA NT MEMBER DATED: 04.09 . 20 20 . *REDDY GP COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT (A) 4. PR. CIT 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE TRIBUNAL BANGALORE