CMWSSB EMPLOYEES CO-OP THRIFT AND CREDIT SOCIETY XC-161,CHENNAI vs. ITO, NCW 10(1), CHENNAI

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ITA 514/CHNY/2024Status: DisposedITAT Chennai06 May 2024AY 2018-19Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, while noting the assessee's negligence, granted another opportunity for de novo adjudication by the CIT(A) to uphold the principle of natural justice. The assessee is directed to substantiate its case, failing which the CIT(A) can proceed on merits.

What were the facts?

The assessee was denied deduction under Section 80P(2)(d) for Rs. 84.56 Lacs. The Assessing Officer invoked Section 80AC, and the CIT(A) confirmed the denial as the assessee failed to make a representation.

What were the issues?

Whether the assessee is eligible for deduction under Section 80P(2)(d) and whether a fresh opportunity should be granted for substantiating the claim.

Which sections of the Income-tax Act were involved?

Section 80P(2)(d),Section 80AC,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

आयकर अपीलीय अिधकरण ‘ए’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय +ी मनोज कुमार अ/वाल ,लेखा सद4 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद4 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2018-19) CMWSSB Employees Co-Op Thrift and ITO Credit Society XC-161, Non- Corporate Ward -10(1), बनाम/ Kilpauk Head Works, Chennai. Vs. New Avadi Road, Kilpauk, Chennai – 600 010 �थायीलेखासं./जीआइआरसं./PAN/GIR No. AACAC-6318-A (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Shri AR V Sreenivasan (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 30-04-2024 घोषणा की तारीख /Date of Pronouncement : 06-05-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2018-19 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 29-12-2023 in the matter of assessment framed by the Ld.AO u/s 143(3) r.w.s 143(3A) & 143(3B) of the Act on 22-03-2021. The assessee was denied deduction u/s 80P(2)(d) for Rs.84.56 Lacs which was denied by Ld. AO, inter-alia, by invoking the provisions of Sec.80AC. The Ld. CIT(A) confirmed the same since the assessee failed to make any representation therein. Aggrieved, the assessee is in further appeal before us. During hearing none has appeared for assessee. The Ld. Sr. DR has pleaded for dismissal of the appeal.

2.

Though the assessee has remained negligent, however, keeping in mind the principle of natural justice, we deem it fit to grant another opportunity to the assessee to substantiate its case. Accordingly, the appeal is restored back to learned CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith failing which Ld. CIT(A) shall be at liberty to proceed with disposal of appeal on merits. 3. The appeal stand allowed for statistical purposes. Order pronounced in open court on 6th May, 2024 Sd/- Sd/- (MANU KUMAR GIRI) (MANOJ KUMAR AGGARWAL) �ाियक सद4 / JUDICIAL MEMBER लेखा सद4 / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 06-05-2024 DS आदेशकीNितिलिपअ/ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. � थ�/Respondent 3. आयकरआयु=/CIT 4. िवभागीय�ितिनिध/DR 5. गाडBफाईल/GF

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