M/S. KALIA S C BANK LIMITED,BELTHANGADY TALUK vs. INCOME TAX OFFICER, WARD- 1, PUTTUR

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ITA 1722/BANG/2019Status: DisposedITAT Bangalore25 November 2019AY 2012-134 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, in the interest of natural justice, decided to provide the assessee with one more opportunity to present its case. A cost of Rs. 2000 was imposed on the assessee for being delinquent.

What were the facts?

The assessee's claim under Section 80P was rejected by the AO due to non-furnishing of details. The CIT(A) confirmed the AO's order as the assessee did not appear. The assessee claimed inability to appear due to reasons beyond control.

What were the issues?

Whether the assessee should be granted another opportunity to present its case before the tax authorities despite previous non-compliance.

Which sections of the Income-tax Act were involved?

Section 80P,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC, “A’’ BENCH : BANGALORE

Before: SHRI B.R BASKARAN

For Appellant: Shri Danesh H Gardin, Advocate
For Respondent: Shri Ganesh R Ghale, Advocate Standing Counsel to Dept
Hearing: 07.11.2019

O R D E R Per B.R Baskaran, Accountant Member

The assessee has filed this appeal challenging the order dated 4/7/2018 passed by ld CIT(A)-10, Bengaluru and it relates to asst. year 2012-13.

2.

The assessee is aggrieved by the decision of ld CIT(A) in confirming the order of AO in rejecting the claim made by the assessee u/s 80P of the Act.

3.

I heard the parties and perused the record. I noticed that the AO was constrained to pass order to the best of his judgment u/s 144 of the Act, since the assessee did not furnish any detail that were called for by the AO. Accordingly the AO rejected the claim made by the assessee u/s 80P of the Act. Before the ld CIT(A) also the assessee did not appear and hence the ld CIT(A) confirmed the order passed by the AO.

4.

The ld AR submitted that the assessee could not appear before the tax authorities for reasons beyond control of the assessee. However, I find that the above said explanation is vague and not supported by any material. However, at the same time in the interest of natural justice, I am of the view that the assessee should be provided with one more opportunity to present its case before the tax authorities. Since the assessee was delinquent, I impose a cost of Rs.2000/- (Rupees Two thousand) upon the assessee, which shall paid to the credit of Income-tax Department as ‘other fees’ within 30 days from the date of receipt of the order of the Tribunal by the assessee. Subject to the payment of above cost, I set aside the order passed by ld CIT(A) and restore all the issue to the file of ld CIT(A) for examining it afresh. I also direct the assessee to fully cooperate with the ld CIT(A) for expeditious disposal of the appeal.

5.

In the result, the appeals of the assessee is treated as allowed for statistical purposes.

Order pronounced in the open court on 25th November, 2019.

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