THE GRAMIN SEVA SAHAKARI SAMITI MARYADIT,DHAMTARI(C.G) vs. THE INCOME TAX OFFICER, DHAMTARI(C.G)

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ITA 12/BIL/2016Status: DisposedITAT Raipur14 August 2018AY 2011-125 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeals to the file of the CIT(A) to grant a final opportunity to the assessees to present their case and adduce evidence. The CIT(A) was directed to decide the issues afresh after giving due opportunity of being heard.

What were the facts?

The assessees, cooperative societies, claimed deduction under Section 80-P, which was disallowed by the Assessing Officer. The CIT(A) dismissed their appeals due to non-appearance, although he also decided on merits. The assessees appealed to the ITAT, citing lack of proper opportunity.

What were the issues?

Whether the assessees were denied a proper opportunity of being heard by the CIT(A) and if the matter should be remanded for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 80-P

AI-generated summary — verify with the full judgment below

PER BENCH : The above batch of appeals filed by the respective assessees are directed

against the separate orders dated 28.10.2015 of the ld. CIT(A)- 1, Raipur (CG)

relating to assessment year 2011-12.

2.

Since identical grounds have been taken by the respective assessees in

their appeals, therefore, these were heard together and are being disposed of by

this common order for the sake of convenience.

3.

In all these appeals the assessees are cooperative societies and filed their

respective returns of income declaring Nil income after claiming deduction u/s

80-P of the I.T. Act, 1961. The Assessing Officer in the order passed u/s 143(3)

disallowed the claim of deduction u/s 80-P and also made certain disallowance

on account of proportionate expenses. The respective assessees filed appeals

before the ld. CIT(A). The ld. CIT(A) however dismissed the appeals filed by

the respective assessees due to non-appearance before him. He, however, while

deciding the appeal, has decided the same on merit.

4.

Aggrieved with such order of the ld. CIT(A), the respective assessees have filed the appeals before the Tribunal inter-alia challenging the various

additions made by the Assessing Officer which has been upheld by the ld.

CIT(A).

5.

The ld. counsel for the respective assessees submitted that since the

respective assessee’s are residing in distant rural areas and the previous counsel

4 ITA Nos.07 to 14/RPR/2016

of the assessee was preparing the case and the ld. CIT(A) without giving proper opportunity decided the appeals ex-parte without giving sufficient opportunity

to the assessee to adduce the evidence on the points specified by him, therefore,

in the interest of justice the matter should be restored to the file of the ld.

CIT(A) with a direction to adjudicate the issue afresh after giving due

opportunity of being heard to the respective assessees. He also requested to

admit certain additional evidences filed during the hearing before the Tribunal

under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963.

6.

The ld. DR on the other hand heavily relied on the order of the ld. CIT(A)

and submitted that despite giving opportunity to the respective assessees, they

never bothered to appear before the ld. CIT(A) for which he has passed the

order on the basis of material available on record. Further, the ld. CIT(A) has

decided the issue on merit. Therefore, the same should be upheld.

7.

We have considered the rival arguments made by both the sides and

perused the material available on record. It is an admitted fact that despite

giving two opportunities vide notice dated 08.09.2015 and 24.09.2015, there

was non-appearance from the side of the respective assessees for which ld.

CIT(A) decided the issue on the basis of material available on record and upheld

the various additions made by the Assessing Officer. It is the submission of the

ld. counsel for the assessee that in the interest of justice the assessee should be

given one final opportunity to argue his case before the ld. CIT(A) and adduce

necessary evidences. Considering the totality of the facts of the case and in the

5 ITA Nos.07 to 14/RPR/2016

interest of justice, we deem it proper to restore the issue to the file of the ld.

CIT(A) with a direction to grant one final opportunity to the respective

assessees to substantiate their case. The ld. CIT(A) is directed to decide the

issue as per fact and law after giving due opportunity of being heard to the

assessee. The respective assessees are hereby directed to appear before the ld.

CIT(A) and not to seek adjournment under any pretext failing which the ld.

CIT(A) is at liberty to pass appropriate order as per law. We hold and direct

accordingly. The grounds raised by the respective assessees are allowed for

statistical purposes.

8.

In the result, all the above appeals filed by the respective assessees are

allowed for statistical purposes.

Order pronounced in the open Court at the time of hearing itself i.e. on this 14th August, 2018.

Sd/- Sd/- (SUCHITRA KAMBLE) (R. K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14-08-2018. Sujeet Copy of order to: - 1) The Appellant 2) The Respondent 3) The CIT 4) The CIT(A) 5) The DR, I.T.A.T., Raipur. By Order //True Copy// Sr. Private Secretary ITAT, Raipur

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