Co-Operative Cane Developement Union ... vs Assessee

Co-Operative Cane v. Income Tax Officer - 1 Development Union Ltd. Bahraich Jarwal Road, Bahraich TAN/PAN:AAAAK8137D (Appellant) (Respondent)

Appellant by: Shri. K. R. Rastogi, C.A. Respondent by: Shri. Punit Kumar, D.R. Date of hearing: 16 06 2015 Date of pronouncement: 06 2015

ORDER

PER SUNIL KUMAR YADAV:

This appeal is preferred by the assessee against the order of the ld. CIT(A) on a solitary ground that the ld. CIT(A) was erred in confirming the addition of Rs.4,99,810/- made by the Assessing Officer having denied deduction under section 80P(2)(i)(III) of the Income-tax Act, 1961 (hereinafter called in short "the Act").

2. The ld. counsel for the assessee has contended that the assessee is a co-operative society and income of the assessee comes from marketing of the agricultural products. Therefore, it is eligible for deduction under section 80P of the Act. In support of his contention, the ld. counsel for the assessee has placed reliance upon the order of the Tribunal in the assessee's own case for assessment year 2008-08 in I.T.A. No. 77/LKW/2013. Copy of the same is placed on record. The ld. counsel for :-2-:

the assessee has also filed the copy of computation of income and copy of return filed, stating therein that the status of the assessee was shown to be Co-Operative Society. Therefore, the ld. CIT(A) has wrongly denied deduction claimed under section 80P of the Act.

3. The ld. D.R., on the other hand, has simply placed reliance upon the order of the ld. CIT(A).

4. Having carefully examined the orders of the lower authorities in the light of the rival submissions, we find that identical issue was examined by the Tribunal in the assessee's own case in assessment year 2008-09 in which the Tribunal has set aside the order of the ld. CIT(A) and restored the matter to his file for adjudication in the light of the discussion made in the order after providing reasonable opportunity of being heard to both the parties. The relevant part of the order of the Tribunal is extracted hereunder for the sake of reference:-

"5. We have considered the rival submissions. We find force in the submissions of Learned A.R. of the assessee because even if it is accepted that claim of deduction u/s 80P was not made by the assessee in the return of income, such a legal claim can be made before CIT(A) also and when such claim is made, CIT(A) should decide the issue on merit and this judgment of Hon'ble Apex Court does not impinge upon the powers of CIT(A) to entertain and decide such claim of the assessee. Hence, we set aside the order of CIT(A) and restore the matter to his file for fresh decision in the light of above discussion after providing reasonable opportunity of being heard to both the parties."

5. Since both the parties have agreed that the matter be sent back to the ld. CIT(A), we set aside the order of the ld. CIT(A) and restore the matter to his file with a direction to adjudicate the issue afresh in the light :-3-:

of the findings of the Tribunal given in the aforesaid order. Accordingly, the appeal of the assessee stands allowed for statistical purposes.

6. In the result, appeal of the assessee is allowed for statistical purposes.

Order was pronounced in the open court on the date mentioned on the captioned page.

Sd/- Sd/- [A. K. GARODIA] [SUNIL KUMAR YADAV] ACCOUNTANT MEMBER JUDICIAL MEMBER

DATED: 25th June, 2015 JJ:1606

Copy forwarded to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR Assistant Registrar