KOLLAM DISTRICT POLICE DEPARTMENT EMPLOYEES CO-OP SOCIETY,KOLLAM vs. THE ITO WARD 2, KOLLAM

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ITA 407/COCH/2023Status: DisposedITAT Cochin13 August 2024AY 2020-21Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 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 allowed the assessee to withdraw the appeals as they had become infructuous. The Assessing Officer's subsequent verification confirmed no transactions with non-members, granting full relief.

What were the facts?

The assessee filed appeals against orders that directed disallowance of income from loans to non-members. However, subsequent proceedings by the Assessing Officer found no such transactions with non-members.

What were the issues?

Whether the appeals filed by the assessee have become infructuous due to subsequent findings by the Assessing Officer.

Which sections of the Income-tax Act were involved?

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: 13.08.2024

Heard together (3 matters)

ITA No.405/Coch/2023
ITA No.406/Coch/2023
ITA No.407/Coch/2023

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

Asst.Year 2020-2021 Kollam District Police Department The Income Tax Officer Employees Co-operative Society Ward 2 v. Kollam. Limited No.Q1179, Near SP Office Kollam – 691 001. PAN : AACAK5573H. (Appellant) (Respondent) Appellant by : Sri.G.Surendranath Rao Respondent by : Smt.V.Swarnalatha, Sr.DR Date of Pronouncement : 13.08.2024 Date of Hearing : 13.08.2024 O R D E R Per Bench : These assessee’s three appeals to 407/Coch/2023 for the assessment years 2017-2018, 2018- 2019 & 2020-2021 arise against the CIT (Appeal) / NFAC, as many DIN & Order Nos.ITBA/NFAC/S/250/2022- 23/1051675558(1), 1051680157(1) & 1051684061(1), all dated 23.03.2023, respectively, in proceedings u/s. 143(3) of the Income-tax Act, 1961; in short “the Act” hereinafter.

Heard both the parties. Case files perused.

-407/Coch/2023. Kollam District Police Dept Employees Co-op Society Ltd. 2. Learned Counsel places a letter on record thereby submitting that the assessee seeks to withdraw the instant appeals, as under:-

The appeals for the above three years were filed against the orders of the Commissioner of Income (Appeals) in his orders, as the Commissioner(Appeals) without any evidence on record had mentioned that the appellant could have granted loans to non-members also. He had directed the Assessing Officer, to disallow the income from loans to non-members. However, in the fresh proceedings, the Assessing Authority after verification of all relevant records have concluded that there are no advances or transactions non-members and consequently granted full relief and cancelled the demand raised by the Assessing Authority. The copy of the proceedings of the Assessing Officer, for the three years, consequent subsequent to the order of the Commissioner (Appeals) are attached. As a result the appeals filed for the above three years have become infructuous and may be treated as withdrawn.

3.

Learned DR raises no objection in withdrawing the instant appeals by the assessee. Ordered accordingly.

4.

These three assessee’s appeals to 407/Coch/2023 are dismissed as withdrawn in above terms. A copy of this common order be placed in the respective case files.

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