MS JHARKHAND STATE CO-OPERATIVE LAC MARKETING & PROCUREMENT FED. LTD.,RANCHI vs. DCIT,CIRCLE-3, RANCHI

आदेश /O R D E R PER BENCH (oral):- These two assessee’s appeals for assessment years 2013-14 and 2014-15 arise against the Commissioner of Income Tax (Appeals)-Ranchi’s separate orders; both dated 28.06.2018 passed in case Nos.CIT(A), Ranchi/10032/2017-18 & CIT(A), Ranchi/10381/2016-17; respectively involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short ‘the Act’. Heard Shri Nitin Pasari & Anand Pasari advocate(s) representing assessee and Shri Ajay Singh appearing at the Revenue’s behest. Case files perused.

ITA No.291-292/Ran/2018 A.Ys. 13-14 & 14-15 M/s Jharkhand State Co-Op Lac Marketing & Procurement Fed Ltd. Vs. DCIT Cir-2, Ranchi Page 2 2. We notice at the outset during the course of hearing that both the lower authorities have declined sec.10(27) exemption to the assessee to the tune of Rs.96,34,099/- and Rs.84,09,048/-; assessment year-wise, respectively. More particularly, the CIT(A) quoted his lower appellate order in assessment year 2012-13 in rejecting the very exemption claim. Learned authorized representative submitted that this tribunal’s co-ordinate bench’s order in assessee’s appeal itself for assessment year 2012-13 dated 29.11.2018 has already granted the instant sole issue of sec. 10(27) exemption back to the Assessing Officer for afresh adjudication. We therefore follow learned co-ordinate’s bench’s order and restore the instant identical issue back to the Assessing Officer to be adjudicated in the light of his findings of assessment year 2012-13.