SRI. KANAKA PATHINA SAHAKARA SANGHA NIYAMITA,TUMKUR vs. INCOME TAX OFFICER, WARD-1 & TPS , TUMKUR
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Income Tax Appellate Tribunal, “SMC - B” BENCH : BANGALORE
Before: SHRI GEORGE GEORGE K
This appeal at the instance of the assessee is directed against CIT(A)’s order dated 08.08.2023, passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2018-19.
Brief facts of the case are as follows:
Assessee is a co-operative society. For the Assessment Year 2018-19, the return of income was filed on 31.10.2018 declaring Nil income after claiming deduction under section 80P(2)(a)(i) of the Act amounting to Rs.26,29,954/-. The assessment was selected for scrutiny and notice under section 143(2) of the Act was issued to the assessee electronically. Three notices were also issued under section 142(1) of the Act. Since there was no response to the notices issued by the AO, assessment was completed under section 143(3) r.w.s. 144B of the Act vide
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order dated 16.04.2021. In the said Assessment Order, the assessee’s claim for deduction under section 80P(2)(a)(i) of the Act was denied.
Aggrieved by the Assessment Order, assessee preferred appeal before the First Appellate Authority (FAA). The CIT(A) dismissed appeal of the assessee in limine without adjudicating on merits, since assessee did not file any written submissions in spite of several notices issued from the Office of the FAA.
Aggrieved, assessee has filed the present appeal before the Tribunal. The learned Counsel for the assessee submitted that assessee did not receive any of the hearing notices issued electronically as same might have been settled in ‘spam’ folder of the assessee’s emails. It was submitted that in the interest of justice and equity, one more opportunity may be provided to the assessee to represent its case.
The learned Standing Counsel supported the orders of the AO and CIT(A).
I have heard the rival submission and perused the material on record. The Assessment Order has been passed under section 143(3) r.w.s. 144B of the Act. The CIT(A) has dismissed the appeal of the assessee in limine without adjudicating on merits. It is a claim of the assessee that assessee did not receive any of the hearing notices sent by the CIT(A) as the same may have been settled in the ‘spam’ folder of the emails which were deleted periodically due to constrains of space. I am of the view that in the interest of justice and equity, one more opportunity ought to be provided to the assessee to represent its case. Therefore, I restore this matter to the files of the AO. Assessee is directed to co-operative with the Revenue and shall not seek unnecessary adjournments. It is ordered accordingly.
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In the result, appeal filed by the assessee is allowed for statistical purposes.
Pronounced in the open court on the date mentioned on the caption page. Sd/- Sd/- (LAXMI PRASAD SAHU) (GEORGE GEORGE K) Accountant Member Vice President Bangalore. Dated: 21.11.2023. /NS/*
Copy to: 1. Appellants 2. Respondent 3. DRP 4. CIT 5. CIT(A) 6. DR,ITAT, Bangalore. 7. Guard file By order Assistant Registrar, ITAT, Bangalore.
