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

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ITA 292/RAN/2018Status: DisposedITAT Ranchi21 February 2020AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal followed a co-ordinate bench's order for assessment year 2012-13, which had restored the issue of Section 10(27) exemption back to the Assessing Officer for fresh adjudication. Therefore, the present appeals were also restored to the Assessing Officer.

What were the facts?

The assessee, M/s Jharkhand State Co-Operative Lac Marketing & Procurement Fed. Ltd., was denied exemption under Section 10(27) of the Income Tax Act for assessment years 2013-14 and 2014-15 by the lower authorities. The CIT(A) had relied on a previous order for assessment year 2012-13.

What were the issues?

The primary issue was the eligibility of the assessee for exemption under Section 10(27) of the Income Tax Act. The lower authorities had denied this exemption.

Which sections of the Income-tax Act were involved?

Section 10(27)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: Shri S.S.Godara & Dr. A.L. Saini

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.

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