M/S. MALNAD ARECA MARKETING CO-OPERATIVE SOCIETY LIMITED,SHIVAMOGGA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, SHIVAMOGGA

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ITA 1315/BANG/2019Status: DisposedITAT Bangalore04 March 2020AY 2012-134 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the order giving appeal effect is an appealable order before the CIT(A) under Section 246A. Therefore, filing a direct appeal to the ITAT without approaching the CIT(A) first is not maintainable.

What were the facts?

The assessee filed an appeal before the ITAT against an order giving effect to a previous ITAT order. The assessee's grievance was that the AO denied deduction under Section 80P in the appeal effect order.

What were the issues?

Whether an order giving effect to an appellate order is appealable before the CIT(A) or directly before the ITAT.

Which sections of the Income-tax Act were involved?

Section 80P,Section 246A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, BENGALURU

Before: SHRI N.V.VASUDEVAN & SHRI PRADIP KUMAR KEDIAShri Rakesh, CA Smt. R. Premi, JCIT

For Appellant: Shri Rakesh, CA, Smt. R. Premi, JCIT

O R D E R PER PRADIP KUMAR KEDIA – AM

The captioned appeal has been filed at the instance of the assessee against the order of the AO dated 15-05-2019 giving effect to the order of the ITAT in dated 07-12-2018.

2.

As per its grounds of appeal, the assessee has assailed the order of the AO giving the appeal effect arose in pursuance of the appellate order rendered by the Tribunal on the question of applicability of sec.80P(2)(a)(i) of the Act on interest earned by the assessee Society.

ITA No.1315(B)/2019 2

3.

Without going into the merits of the case, we notice at the outset that the assessee has challenged the act of the AO before the Tribunal towards order giving appeal effect wherein deduction under sc.80P has been denied to the assessee.

4.

In this regard, we find that the assessee has approached the Tribunal incorrectly instead of the first appellate authority.

5.

The order giving appeal effect is an appealable order under sec.246A of the Act because the order passed by the AO giving effect to the decision of the appellate authority is as much an assessment order as the one passed by him under sec.143 of the Act. We thus find that the appeal effect order passed by the AO allegedly in contravention of the appellate order of the ITAT is an appealable order before the CIT(A) under sec.246A of the Act. Consequently, exercise of statutory right by assessee to prefer appeal directly before Tribunal without placing its grievance before the CIT(A) is not maintainable under the scheme of the Act. Consequently, the appeal of the asessee arising from the order of AO cannot be entertained.

6.

However, we may hastened to add that the assessee shall be entitled to pursue the remedy by way of appeal against the order of the AO giving effect to the appeal in question before the CIT(A) in accordance with law. The CIT(A) shall not reject the appeal of the assessee on the grounds of bar of limitation as attributable to the error in pursuing the remedy wrongly before the Tribunal instead of CIT(A). (B)/2019 3 7. In the result, the appeal of the assessee is dismissed as infructuous.

This Order pronounced in Open Court on 4th March, 2020.

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