KALBHAIRAVNATH GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA MARYADIT,PUNE vs. ITO WARD 14(5), PUNE, PUNE

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ITA 1231/PUN/2024Status: DisposedITAT Pune27 September 2024AY 2017-18Bench: SHRI R. K. PANDA (Vice President), MS ASTHA CHANDRA (Judicial Member)3 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal quashed the proceedings under Section 263 initiated by the PCIT. Consequently, the order passed by the Assessing Officer and upheld by the CIT(A)/NFAC was rendered infructuous.

What were the facts?

The assessee challenged the denial of deduction under Section 80P(2) of the Income Tax Act. This denial was upheld by the CIT(A)/NFAC following an order passed by the Assessing Officer under Section 143(3) read with Section 263.

What were the issues?

Whether the order passed under Section 143(3) read with Section 263 is valid when the Section 263 proceedings have been quashed by the Tribunal.

Which sections of the Income-tax Act were involved?

Section 80P(2),Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI R. K. PANDA & MS ASTHA CHANDRA

For Appellant: Smt. Deepa Khare
For Respondent: Shri Ramnath P Murkende

: Assessee by Smt. Deepa Khare Department by : Shri Ramnath P Murkende Date of hearing : 25-09-2024 Date of pronouncement : 27-09-2024 O R D E R PER R.K. PANDA, VP :

This appeal filed by the assessee is directed against the order dated 31.03.2024 of the CIT(A) / NFAC relating to assessment year 2017-18. 2. The assessee in the various grounds of appeal has challenged the order of the CIT(A) / NFAC in upholding the order of the Assessing Officer passed u/s 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’), wherein the Assessing Officer has denied the claim of deduction of Rs.58,97,863/- u/s 80P(2) of the Act.

3.

The Ld. Counsel for the assessee at the outset filed a copy of the order of the Tribunal in assessee’s own case vide for assessment year 2 2017-18 along with batch of other appeals order dated 23.05.2023 and submitted that the Tribunal has already quashed 263 proceedings, therefore, the order passed by the Assessing Officer and upheld by the CIT(A) / NFAC becomes infructuous.

4.

The Ld. DR fairly conceded that the Tribunal has already quashed the 263 proceeding.

5.

After hearing both the sides and considering the fact that the 263 proceeding initiated by the PCIT for the impugned assessment year has already been quashed by the Tribunal vide order dated 23.05.2023 and batch of other appeals, therefore, the order passed by the Assessing Officer u/s 143(3) r.w.s. 263 of the Act becomes infructuous. The grounds raised by the assessee are accordingly allowed.

6.

In the result, the appeal filed by the assessee is allowed.

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