M/S. S. 172 SAMUDRAM PACCS LTD.,SALEM vs. ITO WARD-2(2), SALEM

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ITA 1453/CHNY/2019Status: DisposedITAT Chennai10 December 2020AY 2014-153 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 found no mistake apparent on record in the Assessing Officer's order, agreeing with the CIT(A) that the issues raised were complex and debatable, not suitable for rectification under Section 154. Therefore, the appeal was dismissed.

What were the facts?

The assessee sought a deduction under Section 80P(2)(a)(i) of the Income Tax Act for the assessment year 2014-2015. The Assessing Officer denied this claim, and a subsequent application under Section 154 for rectification was also dismissed.

What were the issues?

Whether the denial of deduction under Section 80P(2)(a)(i) was a mistake apparent from the record, rectifiable under Section 154, or a debatable issue.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i),Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘D’ (SMC

Before: SHRI V. DURGA RAO

Hearing: 10.12.2020Pronounced: 18.12.2020

आयकर अपीलीय अधधकरण, ‘डी’ न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ (SMC) BENCH: CHENNAI श्री वी दुगाा राव, न्याधयक सदस्य के समक्ष BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER आयकर अपील सं./ Year: 2014 - 2015 S-172, Samudram Primary Agricultural The Income Tax Officer, Co-operative Credit Society, Ward No.– 2 (2), Samudram Village, Vs. No.3, Gandhi Road, Samudram Post, Edappadi Taluk, Salem – 636 007. Salem District – 636 306 [PAN: AAEAS 7781B] (अपीलार्थी/Appellant) (प्रत्यथी/Respondent) Shri S. Sridhar, Advocate अपीलाथी की ओर से/ Appellant by : प्रत्यथी की ओर से /Respondent by : Shri Suresh Periasamy, JCIT सुनवाई की तारीख/Date of Hearing : 10.12.2020 घोर्णा की तारीख /Date of Pronouncement : 18.12.2020 आदेश / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER:

This appeal filed by the assessee is against the order of the learned Commissioner of Income Tax (Appeals), Salem in dated 21.02.2019 relevant to the Assessment Year 2014 - 2015.

2.

There is a delay of six days for filing the appeal. The Assessee has filed an Affidavit. We have gone through the Affidavit and we find that there is sufficient cause to condone the delay. Accordingly, the delay is condoned.

3.

So far as the merits of the case is concerned, the Assessing Officer has denied the claim of the Assessee u/s.80P(2)(a)(i) of the Income Tax Act, 1961. Subsequently, the Assessee has filed an application u/s.154 of the Income Tax Act, 1961 for the very same claim. The same is dismissed by the Assessing Officer on the ground that there is no mistake apparent on record.

4.

On appeal, the learned Commissioner of Income Tax (Appeals) confirmed the order of the Assessing Officer by observing as under: “6. It is seen that the Assessee sought to get its claim of deduction u/s.80P(2)(a)(i) of the Income Tax Act, 1961 allowed by filing an appeal u/s.154. The claim of deduction u/s.80P was disallowed on the ground that the appellant society has involved in commercial activities of banking and trading and not involved in connection with agricultural purpose or for the purpose connected with agricultural activities. 6.1. The other reason which resulted in the denial of deduction u/s.80P(2)(a)(i) by the Assessing Officer was that the loans are issued to associate members that they are not entitled to receive any dividend and are not having any voting right and to participate in the general administration and to attend any meeting, etc., that they are admitted for availing loan only and that subsequently on discharging their loan liability, they do not have any role to play in the society. 6.2. As it can be seen the issues involved are complex and debatable. These issues cannot be rectified u/s.154. In order to attract the application of section 154, it must be a case of mistake and the mistake must be apparent from the record. The mistake should be obvious, clear and patent and should not involve two opinions. There are many litigations and debate going on about the allowance or otherwise u/s.80P(2)(a)(i). Hence, it being a debatable issue cannot be considered u/s.154 of the Income Tax Act, 1961. Thus, the AO has correctly rejected the Assessee’s applications and the same does not call for any interference. Therefore, all the grounds of appeals are dismissed.”

3 -: 5. We have gone through the orders of the Assessing Officer and the learned Commissioner of Income Tax (Appeals) and we find that there is no mistake apparent on record in the order passed by the Assessing Officer. Therefore no interference is called for.

6.

The learned Commissioner of Income Tax (Appeals) by considering the entire facts of the case dismissed the appeal of the Assessee.

7.

We find no conformity in the order passed by the learned Commissioner of Income Tax (Appeals) and therefore the appeal filed by the Assessee is dismissed.

8.

In the result, the appeal filed by the Assessee in I.T.A.No.1453/Chny/2019 is dismissed.

Order pronounced on 18th December, 2020 in Chennai.

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