Chirakkal Service Co- Operative Bank Ltd. v. CIT

111 Taxmann.com 49Reported decision2019#2601 most cited

What is Chirakkal Service Co- Operative Bank Ltd. v. CIT authority for?

An adjustment under section 143(1)(a)(ii) or (v) of the Income-tax Act cannot be made without affording the assessee an opportunity to explain their case, as considerations like Section 80AC(ii) do not fall within the scope of adjustments permissible at the section 143(1) stage.

45

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2019 to 2026.

Also referred to as

Chirakkal Service Co- Operative Bank Ltd. · section 143(1)(a)(ii) · section 143(1)(a)(v) · section 80AC(ii) · principles of natural justice · pre-assessment opportunity · adjustment at scrutiny stage

Issues it is cited on

Judgments citing Chirakkal Service Co- Operative Bank Ltd. v. CIT

Solapur Dist M S K Samiti H Master T and N T Path Mydt Pandharpur, Pandharpur vs. ITO, Ward 2, Pandharpur

In the result appeal of the assessee is dismissed

ITA 804/PUN/2023[2017-18]Status: DisposedITAT Pune08 Mar 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.804/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Solapur Dist M S K Samiti H The Income Tax Officer, Master T & N T Path V Ward-2, Pandharapur. Mydtpandharpur, S 3980, Station Road, Pandharpur. Maharashtra – 413304. Pan: Aanas9890E Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 08/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 11.05.2023 Emanating From Assessment Order Dated 30.07.2019Passed Under Section 144 R.W.S 144A Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Assessee Was In Presumption That Co Operative Societies Income Is Exempt Under 80P Generally Maximum Co Solapur Dist M S K Samiti H Master T & N T Path Mydt Pandharpur [A]

Section 139(1)Section 144Section 250Section 80Section 80ASection 80PSection 8OSection 8Q

…।आयकर अपीलीय अिधकरण ”बी” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B” :: PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.804/PUN/2023 िनधा"रण वष" / Assessment Year : 2017-18 Solapur Dist M S K Samiti H The Income Tax Officer, Master T and N T Path V Ward-2, Pandharapur. MydtPandharpur, s 3980, Station Road, Pandharpur. Maharashtra – 413304. PAN: AANAS9890E Appellant/ Assessee Respondent /Revenue Assessee by None Revenue by Shri Sourabh Nayak – Addl.CIT(DR) Date of hearing 15/02/2024 Date of pronouncement 08/03/2024 आदेश/ ORDER…

Kishorepur Paschimanchal S K U S Limited, Hooghly vs. I.T.O., Ward - 23(1), Hooghly

In the result, appeal of the assessee is allowed

ITA 716/KOL/2022[2019-2020]Status: DisposedITAT Kolkata22 May 2023AY 2019-2020

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 716/Kol/2022 Assessment Year: 2019-2020 Kishorepur Paschimanchal Skus Limited Income Tax Officer, Bandipur, Malay Bandipur Ward-23(1), Hooghly Vs B.O. Bandipur Hooghly - 712617 [Pan : Aacak9370Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/05/2022 घोषणा क" तारीख/Date Of Pronouncement : 22/05/2023 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 13/10/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2019-20. 2. The Assessee Has Raised The Following Revised Grounds Of Appeal:- “1. For That The Ld. Cit(A) Was Not Justified In Confirming The Denial Of Benefit Of Section 80P To The Tune Of Rs. 6,32,082/- By A.O. (Cpc) On The Ground Of Belated Filing Of Return Of Income. 2. For That The Ld. Cit(A) Ought To Have Appreciated That The Delay In Filing Of Return Of Income Was Occasioned Due To Reasons Beyond The Control Of The Assessee. 3. For That The Ld. Cit(A) Ought To Have Appreciated That The Denial Of Benefit U/S 80P On Account Of Delay In Filing Return Of Income Was Beyond The Jurisdiction Of The A.O. (Cpc) While Exercising Power Of Processing Return Of Income U/S 143(1).” 3. Brief Facts Of The Case Are That The Assessee Received An Intimation From Cpc, Bangalore U/S 143(1) Of The Act Making An Adjustment In Returned Income By Which Cpc Did Not Grant Deduction U/S 80P Of The Act At Rs. 6,32,082/- Claimed By

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 139Section 139(1)Section 143(1)Section 143(1)(a)Section 143(1)(ii)Section 250Section 80P

…। आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “A (SMC)” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 716/Kol/2022 Assessment Year: 2019-2020 Kishorepur Paschimanchal SKUS Limited Income Tax Officer, Bandipur, Malay Bandipur Ward-23(1), Hooghly Vs B.O. Bandipur Hooghly - 712617 [PAN : AACAK9370Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Siddharth Agarwal, Advocate Revenue by : Shri P.P. Barman, Addl. CIT, Sr. D/R सुनवाई क" तारीख/Date of Hearing : 22/05/2022 घोषणा क" तारीख/Date of…

Jagannath Karbarh Deshapran Samabay Krishi Unnayan Samity Ltd., Egra, Purba Medinipur vs. I.T.O., Ward - 27(4), Haldia

In the result, appeal of the assessee is allowed

ITA 667/KOL/2022[2018-2019]Status: DisposedITAT Kolkata22 May 2023AY 2018-2019

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 667/Kol/2022 Assessment Year: 2018-19 Jagannath Karbarh Deshapran Skus Ltd. Income Tax Officer, Jagannath Karbarh Ward-27(4), Haldia Vs Pirijkhanbarh Egra Purba Medinipur -721422 [Pan : Aacaj0089M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddharth Agarwal, Advocate Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 22/05/2022 घोषणा क" तारीख/Date Of Pronouncement : 22/05/2023 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 22/09/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2018-19. 2. The Assessee Has Raised The Following Revised Grounds Of Appeal:- “1. For That The Ld. Cit(A) Was Not Justified In Confirming The Action Of The A.O. (Cpc) In Denying Deduction U/S Section 80P To The Tune Of Rs. 15,31,190/- For Belated Filing Of The Return Of Income. 2. For That The Ld. Cit(A) Ought To Have Considered That The Reason For Belated Filing Of Return Of Income Was Beyond The Control Of The Society. 3. For That The Ld. Cit(A) Ought To Have Considered That The Issue Was Debatable & The Adjustment U/S 143(1) Was Not Permissible In Law.” 3. Brief Facts Of The Case Are That The Assessee Received An Intimation From Cpc, Bangalore U/S 143(1) Of The Act Making An Adjustment In Returned Income By Which Cpc Did Not Grant Deduction U/S 80P Of The Act At Rs. 15,31,190/- Claimed

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 139Section 139(1)Section 143(1)Section 143(1)(a)Section 143(1)(ii)Section 250Section 80P

…। आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “C (SMC)” BENCH, KOLKATA BEFORE SHRI SANJAY GARG, HON’BLE JUDICIAL MEMBER & DR. MANISH BORAD, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 667/Kol/2022 Assessment Year: 2018-19 Jagannath Karbarh Deshapran SKUS Ltd. Income Tax Officer, Jagannath karbarh Ward-27(4), Haldia Vs Pirijkhanbarh Egra Purba Medinipur -721422 [PAN : AACAJ0089M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Siddharth Agarwal, Advocate Revenue by : Shri P.P. Barman, Addl. CIT, Sr. D/R सुनवाई क" तारीख/Date of Hearing : 22/05/2022 घोषणा क" तारीख/Date o…