ERIMAYUR SERVICE CO-OP BANK LTD,PALAKKAD vs. THE ITO WARD 5, PALAKKAD

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ITA 631/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2011-12Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal rejected the ground challenging the reopening as the reasons were not on record. It also rejected the deduction claim, stating that a post-facto return does not satisfy the requirements of Section 139 of the Act.

What were the facts?

The assessee challenged the validity of the reopening of assessment and a deduction claim. The assessee's counsel argued that the reasons for reopening were not provided and that the deduction was claimed in a post-facto return.

What were the issues?

Whether the reopening of assessment was valid without providing the reasons recorded. Whether a deduction under Section 80P can be claimed in a return filed after the assessment order.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 80P,Section 80A(5),Section 139

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

Hearing: 13.08.2024Pronounced: 25.09.2024

Appellant by : Sri.C.A.Jojo, Advocate 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 : This assessee’s appeal in 2011-2012 arises out of the order of the Commissioner of Income-tax (Appeals) / NFAC vide DIN & Order No.ITBA/NFAC/S/250/2023- 24/1055031191(1) dated 10.08.2023, in proceedings u/s.143(3) r.w.s. 147 of the Income-tax Act, 1961; in short “the Act” hereinafter.

Heard both the parties. Case file perused.

2.

Learned counsel representing the assessee first of all presses for its challenge to validity of the impugned reopening without even placing corresponding reasons recorded by the Assessing Officer. He quotes hon’ble apex court decision in GKN Driveshafts (India) Ltd. v. ITO (2003) 259 ITR 19 (SC) that the reopening is sustainable in law. We are unable to . Erimayur SCB Ltd. express any opinion qua validity of the impugned reopening once the corresponding reasons do not form part of the case records. That being the case, the assessee’s instant first and foremost ground is rejected.

3.

Next comes the issue of assessees sec.80P deduction claim because of non-compliance of sec.80A(5) of the Act requiring the same to be raised in “a return” than by any other mode. Learned counsel submits that the assessee had filed its return post facto the Assessing Officer’s assessment framed on 15.12.2016. We are of the considered view that such a return which is filed post facto assessment is hardly a return satisfying the parameters of sec.139 of the Act. We thus found no reason to accept assessee’s instant latter substantive ground on merits as well. Rejected accordingly.

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