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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER
ITA No.217/CTK/2017 Assessment Year : 2012-2013
DCIT, Circle 4(1), Bhubaneswar. Vs. M/s. Orissa State Handloom Weavers Co-operative Society ltd., Pt. J.N. Marg, Bhubaneswar. PAN/GIR No.AAAAO 0474 F (Appellant) .. ( Respondent)
Assessee by : None Revenue by : Shri Subhendu Dutta, DR
Date of Hearing : 28 /11/ 2019 Date of Pronouncement : 28 /11/ 2019
O R D E R Per C.M.Garg,JM This is an appeal filed by the revenue against the order of the
CIT(A)-2, Bhubaneswar dated 17.2.2017 for the assessment year 2012-13.
No one appeared on behalf of the respondent assessee. Hence, we
proceed to decide the appeal of the revenue exparte qua the respondent
assessee after hearing ld D.R. and on the basis of materials available on
record.
The effective ground of taken by the revenue in its appeal is that the
CIT(A) is not justified in deleting the addition of Rs.2,29,59,636/- made by
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the AO by disallowing the deduction claimed by the assessee in respect of
rental income received from the house property not utilised for the specific
purpose of storage, processing or facilitating the marketing of commodities.
The brief facts of this case are that during the course of assessment
proceedings, the Assessing Officer noticed that the assessee has shown
rental income of Rs.2,29,59,636/- out of let out buildings / shops which
aren't even in the nature of godowns or warehouses etc. The building let
out to Paradeep Phosphates Ltd. is an office accommodation in the building
known as "Boyanika" where the head office of the assessee is located. The
SBI ATM is located at the show cum sales room of the assessee at Market
Building, Unit-II, Bhubaneswar. Letting out for the purpose of earning rental
income is not the objective of the assessee. There cannot be any doubt that
the legislature desired to extend the benefit of exemption of the whole
income to cooperative societies if derived from the letting of godowns and
warehouses needed for the development of rural economy. It is for that
reason that the legislature limited the benefit to income from godowns and
warehouses, for if it was the intention of the legislature to extend the
benefit to income derived by the letting of shops, etc., nothing would have
been easier than to substitute the words 'any premises' for the words
'godowns or warehouses'. The legislature used the words 'godowns or
warehouses' because the intention was to encourage co-operative societies
to construct godowns and warehouses which would prove useful to the
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rural economy. Hence, the scope of getting exemption u/s 80P(2) is no way
extended to income from letting out surplus commercial assets which are
not meant for godowns, warehouses & storages etc. Before the AO, the
assessee submitted that surplus commercial assets is being let out
temporarily, which according to the AO isn't factually correct. It is to be
stated that all the said assets given under rent by the assessee more or less
are permanent in nature and the building i.e. Boyanika Bhawan, Pt. J N
Marg, BBSR-01 given on rent to Paradeep Phosphate Ltd. and SBI ATM is
neither an asset meant for godown, warehouses or processing units nor the
same is a surplus asset given on rent temporarily to the aforesaid parties.
In the instant case, letting out properties is lying beyond the objects of the
society. In view of above, the Assessing Officer opined that the entire rental
income shown at Rs. 2,29,59,636/- is considered not allowable deduction u/
s 80P(2) of the Act and therefore added back to the total income of the
assessee as "income from other sources".
On appeal, the CIT(A).deleted the addition following the decision of
ITAT, Cuttack in the case of the assessee for the assessment year 2003-04
in ITA No.184/CTK/2007 order dated 1.12.2008, which is supported by the
decision of Hon’ble Supreme Court in the case of CIT vs Karnataka State
Co-operative Apex Bank, 251 ITR 194 and CIT VS Bangalore District Co-
operative bank Ltd., 233 ITR 282 (SC).
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Before us, ld D.R. could not controvert the findings of the ld CIT(A)
or point out any distinguishing features to not to follow the decision of the
Tribunal in the assessee’s own case for the assessment year 2002-03, which
the CIT(A) has followed. We also find that the issue is covered in favour of
the assessee by the decisions of Hon’ble Supreme Court cited supra by ld
CIT(A). Therefore, we find no infirmity in the order of the ld CIT(A) to
interfere and accordingly, we dismiss the ground of appeal of the revenue.
In the result, appeal of the revenue is dismissed.
Order pronounced on 28 /11/2019.
Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER
Cuttack; Dated 28 /11/2019 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : DCIT, Circle 4(1), Bhubaneswar
The Respondent. OSHWCS Ltd. 3. The CIT(A)-2, Bhubaneswar 4. Pr.CIT- 2, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//
By order
Sr.Pvt.secretary ITAT, Cuttack
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