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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY
PER R.S.SYAL, VP :
This appeal by the assessee is directed against the order passed by the CIT(A)-7, Pune on 01-04-2016 in relation to the assessment year 2010-11.
The appeal is time barred by 22 days. The assessee has filed a petition for condonation of delay accompanied by the affidavit giving reasons for the delay in presentation of the appeal before the
2 ITA No.1845/PUN/2016 Vidharbha Konkan Gramin Bank
Tribunal. We are satisfied with such reasons and accordingly admit
the appeal for hearing.
Briefly stated, the facts of the case are that the assessee filed
its return declaring Nil income. The assessment was completed
u/s.143(3) of the Income-tax Act, 1961 (hereinafter called `the Act’)
at Nil income. Thereafter, an order u/s.154 came to be passed by
the AO determining total income at Rs.4,48,96,295/-. The assessee
filed appeal against the order u/s.154 of the Act but remained
unsuccessful before the ld. CIT(A). This is how, the assessee has
come up in appeal before the Tribunal.
The assessee has raised an additional ground, which reads as
under :
“The Appellant being a Regional Rural Bank and being deemed to be a cooperative society for the purpose of Income- tax Act as per section 22 of Regional Rural Bank Act and the overriding provision as per section 32 of Rural Bank Act, is entitled to benefit of deduction u/s.80P(2)(a)(i) of the Income- tax Act as held by Hon’ble ITAT Allahabad in the case of Baroda Uttar Pradesh Gramin Bank (ITA 403 to 405/Alld/2014 and accordingly deduction under the said section should be allowed in computing the total income.”
Since this ground involves a pure question of law and does not
require any fresh adjudication on facts, we, therefore, admit the
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same in the hue of the judgment of Hon’ble Supreme Court in
National Thermal Power Company Ltd. Vs. CIT (1998) 229 ITR 383
(SC).
Through the additional ground, the assessee is urging that it
being a Regional Rural bank is entitled to deduction u/s.80P(2)(a)(i)
of the Act, which was neither claimed in the return nor allowed in
the assessment. It was thus requested that the benefit of the same
should be conferred on the assessee. The ld AR contended that if
the benefit of deduction u/s.80P is given, then most of the issues in
the appeal would become academic.
We have heard the rival submissions and gone through the
relevant material on record. It is seen that the additional ground has
been raised before the Tribunal for the first time claiming the
benefit of section u/s.80P of the Act on the ground of its eligibility.
Since the eligibility of the assessee for the benefit u/s.80P of the Act
has not been examined by the AO, in our considered opinion, the
ends of justice would meet adequately if the impugned order is set-
aside and the matter is restored to the file of AO. We order
accordingly and direct him to examine the claim of the assessee for
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entitlement to deduction u/s.80P(2) of the Act as per law after
allowing a reasonable opportunity of hearing to the assessee.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 13th December, 2019.
Sd/- Sd/- (PARTHA SARATHI CHAUDHURY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; �दनांक Dated : 13th December, 2019 सतीश आदेश क� क� क� �ितिलिप क� �ितिलिप �ितिलिप अ�ेिषत �ितिलिप अ�ेिषत अ�ेिषत/Copy of the Order is forwarded to: अ�ेिषत आदेश आदेश आदेश अपीलाथ� / The Appellant; 1. ��यथ� / The Respondent; 2. 3. The CIT(A)-7, Pune 4. The CIT-6, Pune िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, पुणे 5. “बी” / DR ‘B’, ITAT, Pune; 6. गाड� फाईल / Guard file. आदेशानुसार आदेशानुसार आदेशानुसार/ BY ORDER, आदेशानुसार // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune
ITA No.1845/PUN/2016 Vidharbha Konkan Gramin Bank
Date 1. Draft dictated on 12-12-2019 Sr.PS 2. Draft placed before author 12-12-2019 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.
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