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Income Tax Appellate Tribunal, Camp Bench at Jalandhar
Before: Shri N.K. Saini & Shri Ravish Sood
PER RAVISH SOOD, JM
The present appeal filed by the assessee for A.Y. 2015-16 is directed against the order passed by the CIT(A)-1, Jalandhar, dated 30.03.2018, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income Tax Act, 1961 (for short ‘IT Act’), dated 31.10.2017. The assessee assailing the order of the CIT(A) has raised before us the following grounds of appeal:
“1. That the facts and the circumstances of the case, the ld. CIT(A) has grossly mi irected herself in arbitrarily confirming the addition of Rs. 2,60,312/- as had been wrongly made by the ld. AO in terms of section 80P(2)(d) of the Income Tax Act.
That the impugned order is unsustainable being in violation of the principles of natural justice, inasmuch as it has been passed not only by taking a view contrary the one already taken in assessee’s own case in preceding two years, but also without confirming the assessee that the earlier view was not to be followed.
P a g e | 2 ITA No. 385/Asr./2018 A.Y. 2015-16 The Hoshiarpur Telecom Employees Coop. Thrift & Credit Society Ltd. Vs. DCIT
That while passing the above order, the ld. CIT(A) erred in following the Hon’ble Apex Court decision in the case of Totgar’s Coop. Society vs ITO in Civil Appeal No. 1622/2010, when the said decision had already been distinguished by the Hon’ble ITAT Bench Amritsar, which was followed by the CIT(A) in earlier two years.
That by an reckoning, the impugned order, bring arbitrary, unlawful and contrary to judicial discipline, does not deserve to be sustained at all.”
Briefly stated, the assessee which is a co-operative society registered with the