ITO, Salem v. S-279 Kottathuppatti PACCS Ltd., Salem

ITA 1110/CHNY/2016 | 2012-2013
Pronouncement Date: 30-09-2016

Appeal Details

RSA Number 111021714 RSA 2016
Assessee PAN AAEAS8776Q
Bench Chennai
Appeal Number ITA 1110/CHNY/2016
Duration Of Justice 5 month(s) 4 day(s)
Appellant ITO, Salem
Respondent S-279 Kottathuppatti PACCS Ltd., Salem
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2016
Appeal Filed By Department
Bench Allotted C
Date Of Final Hearing 26-09-2016
Next Hearing Date 26-09-2016
Assessment Year 2012-2013
Appeal Filed On 25-04-2016
Judgment Text
IN THE INCOME - TAX APPELLATE TRIBUNAL C BENCH CHENNAI . . BEFORE SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER & SHRI DUVVURU R L REDDY JUDICIAL MEMBER ./ I T.A. NO. 1 1 1 0 /MDS/201 6 / ASSESSMENT YEAR :20 1 2 - 1 3 THE INCOME TAX OFFICER WARD 2(3) SALEM - 7 . VS. M/S. S - 279 KOTTATHUPPATTI PACCS LTD. KOTTATHUPATTI POST VALAPPADI TK. SALEM 636 1 39 . [PAN:AA EAS87 76Q ] ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI A.V. SREEKANTH JCIT / RESPONDENT BY : SHRI M. NARAYANAN ITP [RETD.ADDL.CIT] / DATE OF HEARING : 2 6 . 0 9 .201 6 / DATE OF P RONOUNCEMENT : 30 . 0 9 .201 6 / O R D E R PER DUVVURU RL REDDY JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX ( APPEALS ) SALEM DATED 25 . 0 2 .201 6 RELEVANT TO THE ASSESSMENT YEAR 2012 - 13. THE REVENUE HAS RAISED SIX GROUNDS IN ITS APPEAL HOWEVER THE CRUX OF THE ISSUE IS THAT THE L D. CIT(A) HAS ERRED IN ALLOWING DEDUCTION UNDER SECTION 80 P(2)(A)(I) OF THE INCOME TAX ACT 1961 [ ACT IN SHORT] . I.T.A. NO . 1 1 1 0 /M/ 16 2 2 . THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A PRIMARY AGRICULTURAL CREDIT CO - OPERATIVE SOCIETY FILED ITS RETURN OF INCOME ON 2 1.09.2013 ADMITTING TOTAL INCOME OF . NIL AFTER CLAIMING DEDUCTION UNDER SECTION 80P OF THE ACT TO THE TUNE OF . 57 82 021 / - . THE RETURN FILED BY THE ASSESSEE WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY AND NOTICE UNDER SECTION 143(2) OF THE ACT WAS SERVED ON THE ASSESSEE ON 06 .09.2014. IN RESPONSE THERETO THE ASSESSEE FILED ALL DETAILS AS CALLED FOR. AFTER VERIFICATION OF THE DETAILS FILED BY THE ASSESSEE THE ASSESSING OFFICER HAS COMPLETED THE ASSESSMENT UNDER SECTION 143(3) OF THE AC T BY ALLOWING DEDUCTION UNDER SECTION 80P(2(C) AND DISALLOWING THE CLAIM OF DEDUCTION UNDER SECTION 80P(2)(A)(I) OF THE ACT. 3. ON APPEAL BY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF M/S. SL(SPL) 151 KARKUDALPATTY PRIMARY AGRICULTURAL CO - OP ERATIVE CREDIT SOCIETY LTD. V. ITO IN I.T.A. NO. 292/MDS/2014 DATED 17.03.2014 THE LD. CIT(A) ALLOWED THE APPEAL OF THE ASSESSEE. 4. AGGRIEVED THE REVENUE IS IN APPEAL BEFORE THE TRIBUNAL AND THE LD. DR HAS MAINLY CONTENDED THAT AGAINST THE ABOVE DECI SION OF THE TRIBUNAL WHICH WAS FOLLOWED BY THE LD. CIT(A) THE DEPARTMENT HAS I.T.A. NO . 1 1 1 0 /M/ 16 3 PREFERRED AN APPEAL BEFORE THE HON BLE MADRAS HIGH COURT AND THEREFORE PLEADED THAT THE ORDER OF THE LD. CIT(A) SHOULD BE REVERTED. 5. ON THE OTHER HAND THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT AGAINST THE ORDER OF THE TRIBUNAL THE APPEALS FILED BY THE DEPARTMENT IN RESPECT OF VARIOUS ASSESSEES HAVE BEEN ADJUDICATED AGAINST THE REVENUE BY THE HON BLE MADRAS HIGH COURT VIDE ITS ORDER IN TCA NOS. 735 755 OF 2014 AN D 460 OF 2015 DATED 05.07.2016 AND ALSO TCA NO. 484 TO 487 AND 490 OF 2016 DATED02.08.2016. THUS HE PRAYED THAT THE APPEAL FILED BY THE REVENUE SHOULD BE DISMISSED. 6. WE HAVE HEARD BOTH SIDES PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. BEFORE US BOTH PARTIES HAVE AGREED THAT THE ASSESSEE IS ELIGIBLE TO CLAIM DEDUCTION UNDER SECTION 80P(2)(A)(I) OF THE ACT IN VIEW OF THE ABOVE DECISIONS OF THE HON BLE JURISDI CTIONAL HIGH COURT. IN SIMILAR FACTS AND CIRCUMSTANCES ON AN IDENTICAL ISSUE WHILE DECIDING THE APPEALS AGAINST THE REVENUE IN TCA NOS. 484 TO 487 AND 490 OF 2016 DATED 02.08.2016 THE HON BLE HIGH COURT HAS FOLLOWED ITS OWN ORDER IN TCA NOS. 735 755 OF 2014 AND 460 OF 2015 DATED 05.07.2016 WHEREIN IT WAS SPECIFICALLY DIRECTED THE ASSESSING AUTHORITY TO GRANT THE BENEFIT TO I.T.A. NO . 1 1 1 0 /M/ 16 4 THE ASSESSEE AVAILABLE UNDER SECTION 80P(2)(A)(I) OF THE ACT. RESPECTFULLY FOLLOWING THE ABOVE DECISION OF THE HON BLE HIGH COURT THE GROUND RAISED IN THE APPEAL OF THE REVENUE IS DISMISSED. 7 . IN THE RESULT THE APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED ON THE 30 TH SEPTEMBER 2016 AT CHENNAI. SD/ - SD/ - (A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI DATED THE 30 . 0 9 .201 6 VM/ - / COPY TO: 1. / APPELLANT 2. / RESPONDENT 3. ( ) / CIT(A) 4. / CIT 5. / DR & 6. / GF.