ACIT, JAIPUR vs. THE RAJASTHAN STATE CO-OPERATIVE BANK LTD., JAIPUR

PER SHRI KUL BHARAT, J.M.

This appeal by the revenue is directed against the order of ld. CIT(A)-2, Jaipur dated 24.08.2016 pertaining to A.Y. 2013-14. The revenue has raised

the following grounds of appeal :-

“1. Whether on the facts and in the circumstances of the case and in law, ld. CIT (Appeals) has erred in deleting the addition of Rs. 66,90,540/- made by the AO by disallowing the contribution to Primary Agriculture Credit co-operative Society (PACS) Development Fund being non business expenditure.

2 ITA No. 971/JP/2016 The Rajasthan State Cooperative Bank Ltd.

account of disallowance of contribution to Primary Agriculture Credit co-

operative Society (PACS) Development Fund being non business expenditure.

made addition of Rs. 66,90,540/- on account of disallowance of contribution

to PACS Development Fund. On further appeal to the ld. CIT (A), deleted the

addition following the decisions of the Coordinate Bench in the assessee’s own

cases in ITA Nos. 1077/JP/2010 and 1022/JP/2011 pertaining to assessment

years 2007-08 and 2008-09 and further ITA No. 967/JP/2013 pertaining to

assessment year 2010-11. Aggrieved by this, the revenue is in appeal before

this Tribunal.

submissions as made in the written brief. He submitted that the issue is

squarely covered in favour of the assessee by the decisions of the Tribunal in

the case of assessee pertaining the earlier assessment years. He placed

reliance on the decision of the ld. CIT (A).

3 ITA No. 971/JP/2016 The Rajasthan State Cooperative Bank Ltd.

gone through the orders of the lower authorities. The ld. CIT (A) deleted the

addition by observing as under :-

“2.3. I have perused the facts of the case and the submissions of the appellant. The authorized representative of the assessee filed a copy of the order of the Hon’ble ITAT Jaipur Bench in the assessee’s own case for Assessment Year 2011-12 & 2012-13 against the order under section 143(3). Vide this appeal order dated 17.06.2016 (ITA No. 998 & 999/JP/2015), the Hon’ble ITAT has rejected the revenue’s appeal observing as under :-

“4.2. We have heard rival contentions and perused the material available on record. We find that the ld. CIT (A) has followed the decisions of the coordinate Bench of the Tribunal pertaining to earlier assessment year i.e. 2007-08 & 2008-09 in ITA Nos. 1277/JP/2010 and 1022/JP/2011. The coordinate Bench in A.Y. 2010-11 in ITA No. 967/JP/2013 in para 5 following the earlier decision of the coordinate Bench decided the issue against the assessee. There is no change in the facts and circumstances in the year under appeal. Therefore, we do not see any reason to interfere into the order of ld. CIT (A), which is hereby upheld. The ground no. (1) in both the appeal of the revenue is rejected.”

The above finding of ld. CIT (A) is not controverted by the revenue. No

contrary binding judgment of Hon’ble Jurisdictional High Court or Hon’ble

Supreme Court is brought to our notice, therefore, taking a consistent view as

taken by the Coordinate Bench in ITA Nos. 1077/JP/2010 and 1022/JP/2011

pertaining to assessment years 2007-08 and 2008-09 and further ITA No.

4 ITA No. 971/JP/2016 The Rajasthan State Cooperative Bank Ltd. 967/JP/2013 pertaining to assessment year 2010-11, we reject this ground of the revenue. Appeal of the revenue is dismissed.

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