DCIT, CIRCLE-1, BURDWAN vs. KULUT SAMABAY KRISHI UNNAYAN SAMITY LIMITED, BURDWAN

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ITA 1463/KOL/2023Status: DisposedITAT Kolkata31 December 2024AY 2017-18Bench: Shri Sanjay Garg (Judicial Member), Shri Rajesh Kumar (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the revenue's appeal to the file of the CIT(A) to be decided along with the assessee's appeal. This was done to ensure consistency with the directions given in the assessee's prior appeal.

What were the facts?

The revenue appealed against the deletion of an addition made by the AO, which had disallowed a deduction under Section 80P. The assessee's own appeal for the same assessment year had previously been allowed and restored to the CIT(A) for fresh decision.

What were the issues?

Whether the revenue's appeal should be restored to the CIT(A) for fresh adjudication, considering a similar order passed in the assessee's appeal for the same assessment year.

Which sections of the Income-tax Act were involved?

Section 80P,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH KOLKATA

Before: Shri Sanjay Garg & Shri Rajesh Kumar

आदेश / ORDER

Per Sanjay Garg, Judicial Member :

1.

The captioned appeal has been preferred by the revenue against the order dated 05.09.2023 of the Ld. Commissioner of Income Tax, (Appeal), National Faceless Appeal centre (NFAC), Delhi [hereinafter referred to as the “Ld. CIT(A)”] passed u/s. 250 of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) for AY 2017-18.

2.

The revenue in this appeal is aggrieved by the action of the Ld. CIT(A) in deleting the addition made by the Assessing Officer (AO) of Rs.19,19,016/- disallowing the deduction u/s. 80P of the Act.

3.

At the outset, the Ld. Counsel for the assessee has invited our attention to the order passed in the appeal of the assessee vide for AY 2017-18 dated 26.06.2024 vide which the appeal of the assessee against the impugned order of the Ld. CIT(A) has been allowed and matter has been restored to the file of the Ld. CIT(A) for decision afresh. The Ld. Counsel, therefore, prayed that the present appeal of the revenue, in such circumstances is also required to be restored to the file of the Ld. CIT(A). The Ld. DR has not objected to the same.

4.

In view of this, the present appeal of the revenue is also restored to the file of the Ld. CIT(A) to be decided along with the assessee’s appeal as per the directions in the assessee’s appeal given by the Tribunal vide order dated 26.06.2024 passed in ITA No. 1049/Kol/2023. The appeal of the revenue is treated as allowed for statistical purposes.

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