IRIVERI SERVICE CO-OP BANK LTD,KANNUR vs. THE ITO, KANNUR

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ITA 502/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2017-18Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the NFAC had not decided the substantive grounds of appeal on merits as required by Section 250(6) of the Act. Therefore, the appeals were restored to the NFAC for fresh adjudication.

What were the facts?

The assessee, Iriveri Service Co-operative Bank Limited, filed appeals against the disallowance of its Section 80P deduction claims for assessment years 2014-15, 2016-17, and 2017-18. The appeals were heard ex parte as the assessee's representative was absent.

What were the issues?

Whether the NFAC properly adjudicated the assessee's grounds of appeal on merits. Whether the assessee satisfied the conditions for Section 80P deduction.

Which sections of the Income-tax Act were involved?

Section 80P,Section 250(6),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

Hearing: 13.08.2024Pronounced: 25.09.2024

Heard together (3 matters)

ITA No.500/Coch/2023
ITA No.501/Coch/2023
ITA No.502/Coch/2023

Read from the judgment's own cause title. This page is filed under one of them.

Asst.Year 2017-2018 Iriveri Service Co-operative Bank The Income Tax Officer Limited, PO Iriveri Ward v. Kannur. Kannur – 670 614. PAN : AAAAI1426R. (Appellant) (Respondent) Appellant by : --- None --- Respondent by : Smt.V.Swarnalatha, Sr.DR Date of Pronouncement : 25.09.2024 Date of Hearing : 13.08.2024 O R D E R Per Bench : These assessee’s three appeals 501/Coch/2023 & 502/Coch/2023, arise against the CIT(A)/NFAC, as many DIN & Order Nos.ITBA/NFAC/S/ 250/2023-24/1052678131(1) (for asst.year 2014-2015), ITBA/NFAC/S/250/2023-24/1052678214(1) (for asst.year 2016-2017), ITBA/NFAC/S/250/2023-24/1052678398(1) (for asst.year 2017-2018), all dated 09.05.2023, in proceedings u/s.143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter, assessment year-wise, respectively.

Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex parte.

Iriveri SCB Limited.

2.

Learned DR submits at the outset that both the lower authorities have righty disallowed the assessee’s section 80P deduction claim herein; involving varying sums, for the reason that it failed to satisfy all the statutory conditions stipulated therein. She could hardly dispute the clinching fact that the NFAC’s order has nowhere decided the assessee’s substantive grounds on merits as contemplated u/s.250(6) of the Act requiring it to frame points for determination followed by a detailed adjudication thereupon. Faced with the situation, we deem it appropriate in the larger interest of justice to restore the assessee’s instant appeal back to the NFAC for it’s afresh adjudication, preferably within three effective opportunities of hearing, subject to the rider that it shall be the taxpayer’s risk and responsibility only to file and prove all the relevant facts in consequential proceedings. Ordered accordingly.

3.

These assessee’s three appeals 501/Coch/2023 & 502/Coch/2023 are allowed for statistical purposes in above terms. Ordered accordingly. A copy of the common order be placed in the respective case files.

Order pronounced in the open court on this 25th day of September, 2024.

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