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Facts
The Revenue's appeal for Assessment Year 2017-18 arises against an order passed by the CIT(A)/NFAC. The assessee did not appear for the hearing, and the case proceeded ex-parte. The issue concerns the assessee's eligibility to claim a deduction under Section 36(1)(viia).
Held
The Tribunal noted that a similar issue regarding the assessee's eligibility for the deduction had arisen in the preceding assessment year, 2016-17. Both parties agreed that the impugned claim involved the same issues as in the previous year.
Key Issues
Eligibility of the assessee to claim deduction under section 36(1)(viia) for Assessment Year 2017-18.
Sections Cited
143(3), 36(1)(viia)
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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh
ORDER
Per Satbeer Singh Godara, Judicial Member:
This Revenue’s appeal for Assessment Year 2017-18, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023-24/1054850011(1) dated 03.08.2023, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
Suffice to say, it emerges during the course of hearing that the very issue of the assessee’s eligibility to claim section 36(1)(viia) deduction, had arisen between the parties in the 2 ITA No.136/Agr./2023 Zila Sahkari Bank Ltd. preceding assessment year 2016-17 involving the Revenue’s appeal which stands restored back to the CIT(A) for his afresh appropriate adjudication by the learned co-ordinate bench. Both the parties are are very well in agreement that the assessee’s impugned claim herein involves the very branches which were there in the preceding assessment year 2016-17.
Faced with this situation, we adopt judicial consistency to restore the Revenue’s instant sole substantive ground back to the CIT(A) for his afresh appropriate adjudication and verification in very terms. Ordered accordingly.
This Revenue’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 03/02/2025.