DCIT, CIRCLE-1, BURDWAN vs. KULUT SAMABAY KRISHI UNNAYAN SAMITY LIMITED, BURDWAN
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?
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 :
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.
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.
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.
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.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026
- The State Of Bihar Through The Commissioner Of State Tax vs. Kaushlendra KumarPatna · 27 Oct 2026
- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026