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Facts
The assessee, Sahara Minorities Credit Co-operative Society Ltd., filed an appeal against the order of the CIT(Appeals). The CIT(Appeals) dismissed the appeal on the premise that grounds of appeal were not properly filed. The assessee contended that the grounds were mentioned as a description of issues and were re-submitted.
Held
The Tribunal noted that the CIT(Appeals) had not decided the issue raised by the assessee due to the manner in which the grounds of appeal were presented. The case was remitted back to the CIT(Appeals) for fresh consideration.
Key Issues
Whether the CIT(Appeals) erred in dismissing the appeal without deciding the grounds of appeal, when the grounds were presented as a description of issues.
Sections Cited
80P
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH : BANGALORE
Before: SHRI LAXMI PRASAD SAHU & SHRI PRAKASH CHAND YADAV
Per Laxmi Prasad Sahu, Accountant Member
This appeal is filed by the assessee against the order dated 16.7.2024 of the CIT(Appeals), National Faceless Appeal Centre, Delhi [NFAC], for the AY 2018-19.
The sole ground raised by the assessee is that the ld. CIT(Appeals) has decided the appeal only on the premise that ground of appeal has not been filed by the assessee after reminding through notices and dismissed the appeal of the assessee.
The ld. Counsel submitted that while filing Form 35 at sl.no. 13, it was stated that grounds of Appeal is attached separately. However, the ld. CIT(A) has not decided on the issue raised by the assessee. The ld. Counsel further submitted that on 27.06.2024, it was again submitted before the CIT(A) that the facts and grounds of appeal which were submitted earlier, but the ld. CIT(A) did not consider. She submitted that as per paperbook page 8, the assessee forgot for writing Grounds of Appeal. It is mentioned as Description of the Issues which are as under:-
4. She requested that the matter may be sent back to ld. CIT(A) for fresh adjudication and the assessee has a good case and the assessee is a credit cooperative society registered under the Karnataka Cooperative Societies Act, 1959. Assessee is carrying on business of banking services to its members like accepting various types of deposits viz., Savings Accounts, Current Accounts, term/fixed deposits, recurring deposits and pigmy deposits and also providing credit facility or financial assistance to its members like long term loans, short term loans, loan against deposit, pigmy loan, building loan, mortgage loan, over drafts, vehicle loan and loan to employees and assessee is eligible for claim of deduction u/s. 80P.
The ld. DR relied on the order of lower authorities.
Considering the rival submissions, we note that the CIT(Appeals) has not decided the issue raised by the assessee as there was no attachment of separate grounds of appeal, instead it is mentioned as description of issues and it was again filed on 27.06.2024. Considering the facts of the case, we are remitting back to the file of ld. CIT(Appeals) for fresh consideration on the basis of description of issues as noted above. Needless to say that reasonable opportunity of being heard be given to the assessee.
In the result, the appeal is allowed for statistical purposes.
Pronounced in the open court on this 20th day of November, 2024.