PATTAMBI SERVICE CO-OPERATIVE BANK LTD,PATTAMBI vs. ITO, PALAKKAD

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ITA 908/COCH/2023Status: DisposedITAT Cochin09 December 2024AY 2020-21Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI PRAKASH CHAND YADAV (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them solely for non-prosecution. The matter was remanded back to the CIT(A) for a decision on merits.

What were the facts?

The assessee, a co-operative society, filed Nil income returns for AYs 2020-21 and 2021-22. The AO made additions under Section 80P(2)(a)(i) due to non-response to notices. The CIT(A) dismissed the appeals in limine for want of prosecution.

What were the issues?

Whether the CIT(A) can dismiss an appeal in limine for want of prosecution without adjudicating the merits of the case.

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i)

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Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM

For Appellant: Shri Sivadas Chettor, CA
For Respondent: Shri Sanjit Kumar Das, CIT-DR
Hearing: 21.11.2024Pronounced: 09.12.2024

O R D E R Per: Inturi Rama Rao, AM These appeal filed by the assessee are directed against separate orders of the National Faceless Appeal Centre, Delhi [CIT(A)] both dated 31.10.2023 for Assessment Years (AYs) 2020-21 & 2021-22.

2.

Brief facts of the case are that the assessee, a co-operative society registered under the Kerala Co-operative Societies Act, 1969, filed its return of income for AYs 202021 & 2021-22 on 09.11.2020 & 15.02.2022 respectively declaring Nil income. Since the assessee could not respond to the notices, the Income Tax Officer, Palakkad (hereinafter “the AO”) issued show cause notices. However, there had been & 909/Coch/2023 Pattambi Service Co-op. Bank Ltd. no response from the assessee to the show cause notices. Under the circumstances the AO completed the assessments by making additions u/s. 80P(2)(a)(i) of the Act.

3.

Being aggrieved, an appeal was filed before the CIT(A) who vide the impugned order dismissed the appeals of the assessee in limine for want of prosecution placing reliance of the decision in the case of CIT vs. B.N. Bhattachargee & Another 118 ITR 461.

4.

Being aggrieved, the assessee is in appeals before the Tribunal in the present appeal raising various grounds for both the assessment years.

5.

We have heard the rival contentions of both the parties and perused the material available on record. At the outset we find that the CIT(A) dismissed the appeals in limine for non-prosecution without entering into the merits of the issue involved in the appeal. It is settled position of law that the CIT(A) is bound to dispose of the issues in appeal on merits by adverting to the facts of the facts of the case and discussing the legal position governing the issue in appeal. However, in the present case the CIT(A) merely dismissed the appeal in limine, contrary to the settled position of law. Therefore, we remand the matter back to the file of CIT(A) with a direction to dispose of the appeals on merits in accordance with law after providing opportunity of hearing to the assessee.

6.

This assessee’s appeals are allowed for statistical purposes.

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