M/s. Uppinangady Co-operative Agricultural Society Limited, Puttur V. Income Tax Officer, Ward - 1, Puttur

MA 94/BANG/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6240 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 14-07-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V. SRINIVASAN
• Section: 80P

Judgement Text

MPNO.94/BANG/2020 M/S. UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD., PUTTUR IN THE INCOME TAX APPELLATE TRIBUNAL ABENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER M.P. NO.94/BANG/2020 (ARISING OUT OF ITA NO.1207/BANG/2019 ASSESSMENTYEAR: 2016-17 M/S. UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD. PUTTUR TALUK PUTTUR-574 241 PAN NO :AAAAU7375D VS. ITO WARD-1 PUTTUR APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRINIVASAN, A.R. RESPONDENT BY : DR. SHANKAR PRASAD, D.R. DATE OF HEARING : 18.09.2020 DATE OF PRONOUNCEMENT : 18.09.2020 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICAT ION SEEKING RECALL OF THE ORDER DATED 27.2.2020 PASSED BY THE T RIBUNAL IN THE APPEAL REFERRED ABOVE. 2. THE LD. A.R. SUBMITTED THAT THE ISSUE CONTESTED BEFORE THE TRIBUNAL IN THE IMPUGNED APPEAL RELATED TO ELIGIBIL ITY OF THE ASSESSEE TO CLAIM DEDUCTION U/S 80P(2)(A)(I) AND 80P(2)(D) O F THE INCOME-TAX ACT,1961 ['THE ACT' FOR SHORT]. IN SUPPORT OF THE GROUNDS, THE ASSESSEE HAD PLACED RELIANCE ON THE ORDER DATED 26. 8.2019 PASSED MP NO.94/BANG/2020 M/S. UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD., PUTTUR PAGE 2 OF 3 BY THE ITAT BENGALURU BENCHES IN THE CASE OF M/S. K ODAVOOR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA VS. ITO & OTHERS (ITA NO.707/BANG/2019 & OTHERS). HOWEVER, THE TRIBUNAL DISPOSED OF THE APPEAL BY RESTORING THE ISSUES TO THE FILE OF T HE A.O., BY FOLLOWING DECISION RENDERED BY THE TRIBUNAL IN THE CASE OF M/ S. SINDHU CREDIT SOUHARDA SAHAKARI NIYAMITA VS. ITO (ITA NO.2144/BAN G/2019 DATED 4.12.2019). THE LD. A.R. SUBMITTED THAT THE ISSUE THAT WAS CONTESTED IN THE CASE OF M/S. SINDHU CREDIT SOUHARD A SAHAKARI NIYAMITA (SUPRA) IS WHETHER THE SOUHARDA CO-OPERAT IVES ARE ELIGIBLE FOR DEDUCTION U/S 80P OF THE ACT. THE LD. A.R. SUB MITTED THAT THE ASSESSEE HEREIN IS NOT A SOUHARDA CO-OPERATIVE AND THE ISSUE CONTESTED IS NOT RELATED TO QUESTION WHETHER SOUHAR DA CO-OPERATIVE IS ELIGIBLE FOR DEDUCTION U/S 80P OF THE ACT. ACCO RDINGLY, THE LD A.R SUBMITTED THAT THE TRIBUNAL HAS FELL IN ERROR IN FO LLOWING A DECISION, WHICH IS NOT APPLICABLE TO THE ISSUES CONTESTED BEF ORE THE TRIBUNAL. HE FURTHER SUBMITTED THAT THE TRIBUNAL HAS ALSO NOT CONSIDERED THE DECISION RELIED UPON BY THE ASSESSEE IN THE CASE OF M/S. KODAVOOR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA VS. ITO (S UPRA). ACCORDINGLY, HE SUBMITTED THAT RELIANCE PLACED ON I NAPPLICABLE DECISION AND NON-CONSIDERATION OF THE DECISION RELI ED UPON BY THE ASSESSEE SHALL CONSTITUTE MISTAKE APPARENT FROM REC ORD. ACCORDINGLY, HE PRAYED FOR RECALL OF THE IMPUGNED O RDER. 3. WE HEARD LD. D.R. AND PERUSED THE RECORD. WE NO TICE THAT THE TRIBUNAL HAS FAILED TO CONSIDER THE DECISION RE LIED UPON BY THE ASSESSEE AND NON-CONSIDERATION OF THE DECISION RELI ED UPON BY THE ASSESSEE IS A MISTAKE APPARENT FROM RECORD. WE FIND SUPPORT FOR THIS PROPOSITION FROM THE DECISION RENDERED BY THIR D MEMBER IN THE CASE OF MOHAN MEAKING LTD VS. ITO (89 ITD 179). AD MITTEDLY, THE DECISION RELIED UPON BY THE TRIBUNAL IS ALSO NOT RE LATED TO THE ISSUE CONTESTED BY THE ASSESSEE IN THIS APPEAL, WHICH ALS O CONSTITUTES MP NO.94/BANG/2020 M/S. UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD., PUTTUR PAGE 3 OF 3 MISTAKE APPARENT FROM RECORD. ACCORDINGLY, WE FIND MERIT IN THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE AND ARE OF THE VIEW THAT THE IMPUGNED ORDER DESERVES TO BE RECALLED. 4. ACCORDINGLY, WE RECALL THE ORDER DATED 27.2.2 020 PASSED IN ITA NO.1207/BANG/2019. THE REGISTRY IS DIRECTED TO POS T THE APPEAL IN THE NORMAL COURSE UNDER INTIMATION TO THE PARTIES. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH SEPT, 2020 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 18 TH SEPT, 2020. VG/SPS COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.