M/S.COCHIN PORT EMPLOYEES CO-OP SOCIETY LTD,KOCHI vs. THE ITO, KOCHI

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ITA 298/COCH/2020Status: DisposedITAT Cochin15 March 2022AY 2015-163 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 held that the Pr. CIT's revision order was based on a High Court judgment that was subsequently overturned by the Supreme Court. Therefore, the foundation of the revision order no longer existed.

What were the facts?

The assessee, a co-operative society, claimed deduction under Section 80P(2) and its return was accepted. The Pr. CIT initiated revision proceedings under Section 263, citing the jurisdictional High Court's decision on interest income. However, this High Court decision was later reversed by the Supreme Court.

What were the issues?

Whether a revision order under Section 263, based on a High Court decision later reversed by the Supreme Court, is sustainable.

Which sections of the Income-tax Act were involved?

Section 263,Section 80P(2)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri George Mathan, JM & Shri M.Balaganesh, AM

Hearing: 15.03.2022Pronounced: 15.03.2022

This appeal filed by the assessee against the order of the Pr.CIT, Kochi, u/s.263 of the Income Tax Act, 1961 (Act), dated 13-03-2020 for the AY.2015-16.

2.

Sri Anil D.Nair, Advocate appeared on behalf of the assessee and Sri Shantham Bose, CIT-DR appeared on behalf of Revenue.

3.

It was the submission by the Ld.AR that the assessee is a co-operative society and filed its return of income seeking deduction u/s.80P(2) of the Act. The assessment was completed u/s.143(3) of the Act on 12-12-2017, accepting the returned income as NIL. It was the submission that subsequently notice u/s.263 was issued on the assessee relying upon the decision of the Full Bench of the Hon'ble jurisdictional High Court in the case of The Mavilayi Service Co-operative Bank Ltd., Vs.CIT. It was the submission that the Ld.Pr.CIT proposed the revision on the ground that the interest income derived from District Co-operative Societies was not specifically asked for and examined by the AO. It was the submission that the decision of the Full Bench of Hon'ble Jurisdictional High Court in the case of Mavilayi Service Co- operative Bank Ltd., Vs.CIT has been reversed by the Hon'ble Supreme Court in the case of Malvilayi Services Co-operative Bank, reported as 431 ITR 1 (SC). It was the submission that the order u/s.263 of the Act was liable to be annulled.

4.

In reply, the Ld.DR vehemently supported the order of the Ld.Pr.CIT, Kochi-2.

5.

We have considered the rival submissions. As it is noticed that the Ld.Pr.CIT has invoked his powers u/s.263 of the Act for the purpose of applying the decision of the Full Bench of Hon'ble Jurisdictional High Court in the case of Mavilayi Service Co- operative Bank Ltd., Vs.CIT and as the said decision now stands reversed by the Hon'ble Supreme Court referred to supra, the very foundation of the order u/s.263 no more survives and consequently the order passed u/s.263 of the Act stands quashed.

6.

In the result, the appeal of assessee is allowed.

Dictated and pronounced in the open court on 15th March, 2022

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