VELLIKULANGARA SERVICE CO-OPERATI VE BANK LTD.,THRISSUR vs. INCOME TAX OFFICER., THRISSUR

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ITA 744/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2017-18Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A)/NFAC passed ex-parte orders without properly dealing with the factual matrix of the issues. Therefore, the appeals were restored to the CIT(A) for fresh adjudication.

What were the facts?

The assessee, Vellikulangra Service Co-op. Bank Ltd., filed appeals against ex-parte orders from the CIT(A)/NFAC. These orders confirmed the disallowance of Section 80P deductions claimed by the assessee.

What were the issues?

Whether the CIT(A)/NFAC passed ex-parte orders without adequately considering the facts and issues, thereby violating the principles of natural justice.

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, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Shri Sanjit Kumar Das, CIT-DR
Hearing: 13.08.2024Pronounced: 25.09.2024

Appellant by: ------- None ------- Respondent by: Shri Sanjit Kumar Das, CIT-DR Date of Hearing: 13.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench These assessee’s three appeals arise against orders of the National Faceless Appeal Centre, Delhi [CIT(A] in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act) as below: - DIN & Order No. Date No. 1 742/Coch/2023 2010-11 ITBA/NFAC/S/250/2023- 27.09.2023 24/1056611182(1) 2 743/Coch/2023 2012-13 ITBA/NFAC/S/250/2023- 27.09.2023 24/1056612100(1) 3 744/Coch/2023 2017-18 ITBA/NFAC/S/250/2023- 27.09.2023 24/1056614087(1)

2.

It emerges at the outset with the able assistance coming from the Revenue side that the learned CIT(A)/NFAC has passed three exparte orders, inter alia, confirming the Assessing Officer’s finding disallowing section 80P deduction claimed at the assessee’s behest; and that too, without dealing with the relevant factual matrix of the corresponding issue(s) involved as contemplated u/s. 250(6) of the Act requiring him to pin point and determine followed by a detailed discussion thereon. Faced with this situation, we deem it appropriate in the larger interest of justice to restore assessee’s three instant appeals back to the CIT(A) for his afresh appropriate adjudication .

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