The Belgaum Manufacturers Co-Op Industrial Estate Ltd, Belagavi vs. Pr. Commissioner of Income Tax, Hubbali
In the result, the appeal filed by the assessee is allowed
ITA 154/PAN/2025[2020-21]Status: DisposedITAT Panaji20 Aug 2025AY 2020-21
Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.154/Pan/2025 (A.Y.2020-21) The Belgaum Manufactures Vs. Pr.Cit, Co-Op Industrial Estate C.R.Building, Limited, Navanagar, 10 342/690,Udyambag, Hubli-580025, Belgaum-590008, Karnataka. Karnataka Pan .No.Aaaat7254J (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Assessee By Shri.Pramod Y Vaidya.Ar Revenue By Shri.Captain Pradeep Arya.Cit.Dr सुनवाई की तारीख/Date Of Hearing 14.08.2025 घोषणा की तारीख/Date Of 20.08.2025 Pronouncement Order Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit) Hubli Passed U/S 263 Of The Act. The Assesse Has Raised The Grounds Of Appeal Challenging The Revision Order Passed By The Pr.Cit Set Aside The Order Passed By The Assessing Officer. 2. The Brief Facts Of The Case Are That, The Assessee Is A Cooperative Society Registered Under Bombay Co-Operative
Section 143(2)Section 143(3)Section 263Section 80PSection 80P(2)(d)
…case of Nagesh Knitwears P Ltd (2012)(345 ITR 135), the Hon’ble Delhi High Court has elucidated and explained the scope of the provisions of sec. 263 of the Act and the same has been extracted by the Delhi High court in the case of CIT Vs. Goetze (India) Ltd (361 ITR 505) as under:- “Thus, in cases of wrong opinion or finding on merits, the Commissioner of Income tax has to come to the conclusion and himself decide that the order is erroneous, by conducting necessary enquiry, if required and necessary, before the order under section 263 is passed. In such cases, the order of the Assessing Officer will be erroneo…