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TMI Blog2017 (12) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee society. However, the Commissioner (Appeals) has deleted such addition. The Commissioner (Appeals) has taken a view that the assessee is entitled to deduction under section 80P of the Act. Therefore, once the Assessing Officer has taken a view which is a plausible view, the assessment order cannot be said to be erroneous or prejudicial to the interest of the revenue. The Tribunal therefore, did not commit any error in setting aside the order under section 263 of the Act. - Decided in favour of assessee. - Tax Appeal No. 967 of 2017 - - - Dated:- 11-12-2017 - MS. HARSHA DEVANI AND MR. A.S. SUPEHIA, JJ. For The Appellant : Mrs Mauna M Bhatt, Advocate ORAL ORDER ( PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ading in electric section, cloth section, provision section, pesticides section, retail fertilizer, Amul Parlour, etc. The product marketed by the assessee was not grown or manufactured by the members of the cooperative society. The items that were marketed were obtained from outside and sold in the entire district of Sabarkantha. The assessee had also shown income from godown rent, tanker rent, etc. The assessee was also running a petrol pump, diesel and oil of IOC Limited during the year. The Commissioner noted that the assessee had not submitted the details of its net profit separately for each of the activity carried by it during the period under consideration while filing the computation of income and profit and loss account for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the total income of the assessee for the assessment year. 4. The assessee carried the matter in appeal before the Tribunal which decided in favour of the assessee. 5. Mrs.Mauna Bhatt, learned senior standing counsel for the appellant submitted that the Tribunal had committed serious error of law and facts by cancelling the order of the Commissioner by observing that the Assessing Officer had made requisite inquiries in the assessment year 2011-12, whereas the impugned case is for the assessment year 2010- 11. It was submitted that it is trite law that every year is an independent taxable unit and the Tribunal should have seen and examined the record of the assessment year 2010-11 to ascertain as to whether adequate inquiries had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals), however, deleted the addition made by the Assessing Officer during the assessment year 2011-12 vide order dated 29.12.2014. In view of the above facts and finding, the Tribunal held that the assessment order could not be said to be erroneous and prejudicial to the interest of the revenue. 7. In the facts of the present case there is no dispute that the respondent assessee is a cooperative society. The Commissioner of the Income Tax in the order under section 263 of the Act has observed that since the assessee carries out trading activities, it does not fall within the ambit of cooperative society. Such a finding recorded by the Commissioner appears to be contrary to the very provisions of law inasmuch as to fall w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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