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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Satbeer Singh Godara, Judicial Member & Shri Amarjit Singh, Accountant Member ITA Nos.752 & 753/Coch/2023 Assessment Years: 2011-2012 & 2012-2013 Karakulam Service Co-operative The Income Tax Officer Bank Limited v. Ward 2(3), Trivandrum KP-1/382, Karakulam PO Nedumangad, Trivandrum 695564 PAN : AAAAT7698C. (Appellant) (Respondent)
Appellant by: ------- None ------- Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 12.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench These assessee’s twin appeals arise against the orders of the National Faceless Appeal Centre, Delhi [CIT(A)] in proceedings u/s. 271F of the Income Tax Act, 1961 (the Act) as below: -
Sr. ITA No. AY DIN & Order No. Date No. 1 752/Coch/2023 2011-12 ITBA/NFAC/S/250/2023- 29.08.2023 24/1055562226(1) 2 753/Coch/2023 2012-13 ITBA/NFAC/S/250/2023- 29.08.2023 24/1055562043(1) Cases called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.
The Revenue reiterates the fact that both the lower authorities have rightly invoked section 271F penalty(ies) herein, since the assessee had
2 ITA Nos.752 &753/Coch/2023 Karakulam SCB Ltd. failed to file its returns within the “due” date(s) but also there is no reasonable cause made out in either of these assessment years explaining the delay in question.
Faced with this situation, it emerges upon perusal of both these case files that the learned CIT(A) has not examined the assessee’s explanation in the light of the fact that it is a co-operative society, governed by various rules made by the State Government, wherein such a delay could not be altogether ruled out. We deem it as a fit case to remit both these appeals back to the learned CIT(A) for his afresh and proper consideration as per law after giving due opportunity to the assessee u/s. 250(6) of the Act. Ordered accordingly.
To sum up, these assessee’s twin appeals ITA Nos.752 & 753/Coch/2023 are allowed for statistical purposes in the above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 25th September, 2024.
Sd/- Sd/- (Amarjit Singh) (Satbeer Singh Godara) Accountant Member Judicial Member Cochin ; Dated : 25th September, 2023. np Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT(A), Concerned. 4. The CIT Concerned. 5. The DR, ITAT, Cochin. 6. Guard File. Asst. Registrar/ITAT, Cochin