Income Tax Appellate Tribunal - Ahmedabad
The Suvikas People'S Co-Op. Bank Ltd.,, ... vs The Acit (Osd), Circle-10,, Ahmedabad on 6 April, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "SMC" BENCH AHMEDABAD
BEFORE, SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
AND SHRI S. S. GODARA, JUDICIAL MEMBER
ITA No. 1754/Ahd/2016
(Assessment Year : 2012-13)
The Suvikas People's Coop Bank Ltd.,
Sun Complex, Nr. Stadium Circle,
C. G. Road, Ahmedabad - 9 Appellant
Vs.
The ACIT(OSD), Circle-10,
Narayan Chamber, Nehru Bridge
Corner, Ashram Road, Ahmedabad Respondent
PAN: AAAAT4288N
आवेदक क ओर से / By Assessee : None
राज
व क ओर से / By Revenue : Shri Sumit Kumar Varma, Sr. D.R.
सन
ु वाई क तार ख/Date of Hearing : 04.04.2018
घोषणा क तार ख/Date of
Pronouncement : 06.04.2018
ORDER
PER S. S. GODARA, JUDICIAL MEMBER
This assessee's appeal for assessment year 2012-13 arises from the CIT(A)- 5, Ahmedabad's order dated 12.05.2016, in case no. CIT(A)-5/ACIT Cir.10/127/2015-16, in proceedings u/s.143(3) of the Income Tax Act, 1961; in short "the Act".
2. Case called twice. None appears at assessee's behest. The registry has already sent it an RPAD notice dated 27/28-02-2018 for today's hearing. The assessee has preferred to file its written submission. The crux thereof is that the ITA No. 1754/Ahd/16 [ The Suvikas People's Coop Bank Ltd. vs. ACIT(OSD)] A.Y. 2012-13 -2- CIT(A) has erred in law as well as on facts in not condoning delay in question of 186 days in filing of the lower appeal thereby affirming Assessing Officer's action making addition of Rs.8,47,000/- on account of accrued interest on NPA and interest income of Rs.10,70,490/- on cash basis alleged to have been already assessed in assessment years 2009-10 & 2010-11; respectively. Learned Departmental Representative vehemently contends during the course of hearing before us that the CIT(A) has rightly refused to condone the delay in question of 186 days in filing of assessee's lower appeal. He fails to dispute the fact as per assessee's written submission that the assessee has already succeeded on the very issue in assessment year 2009-10 before this tribunal itself. The assessee's condonation petition as per its statement of fact filed before the CIT(A) also attributes the delay in question to the ongoing litigation between the parties qua the very issue. The fact also remains that the assessee is a co-operative bank wherein it has to follow multiple approval, channels before initiating any litigation. We therefore are of the view that the assessee has sufficiently proved its bonafides in seeking to condone the abovestated delay of 186 days before the lower appellate authority. We therefore direct the CIT(A) to condone the same to be followed by appropriate adjudication on merits after affording adequate opportunity of hearing to the assessee.
3. This assessee's appeal is therefore allowed for statistical purposes.
[Pronounced in the open Court on this the 06th day of April, 2018.] Sd/- Sd/-
(N. K. BILLAIYA) (S. S. GODARA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad: Dated 06/04/2018
True Copy
S.K.SINHA
आदे श क त ल
प अ े
षत / Copy of Order Forwarded to:-
1. राज
व / Revenue
2. आवेदक / Assessee
ITA No. 1754/Ahd/16 [ The Suvikas People's Coop Bank Ltd. vs. ACIT(OSD)]
A.Y. 2012-13 -3-
3. संबं धत आयकर आय!
ु त / Concerned CIT
4. आयकर आयु!त- अपील / CIT (A)
5. )वभागीय ,-त-न ध, आयकर अपील य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड3 फाइल / Guard file.
By order/आदे श से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद ।