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TMI Blog2020 (5) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... of hearing, the Bench wanted the Ld AR to furnish details filed in response to notice under Section 142(1) of the Act and questionnaire, the learned Authorized Representative could not substantiate with material evidences filed in the Assessment proceedings. The fact remains that the order passed by the AO prima facie, is without conduct of Enquiry. Assessing Officer could not conduct enquiry into income and claims made by the assessee nor the assessee could demonstrate with evidences that the Assessing Officer has conducted the enquiry. AO has passed the order without conducting enquiries or verifications, and CIT has set aside the order passed u/s 143(3) by the AO and directed the A.O for fresh examination in respect of incomes and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claiming of exemption u/s. 80P as the Appellant's activities are to provide credit facilities to its members. 4. The Pr. CIT was not correct in not following the Jurisdictional Hon'ble ITAT, Bangalore decision of Appellant's Own case for AY 2008-09 AY 2009-10 dated 05.09.2018, where, the Hon'ble ITAT has allowed the exemption u/s. 80P claimed by the Appellant. 5. The Appellant craves leave to add, to alter, to amend or to delete any of the grounds that may be urged at the time of hearing for the Appeal 2. The assessee is a society registered under Karnataka Societies Act. The Membership of the society is for the staff of State Bank of Mysore and outsiders are not eligible to become members, and the amount collect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 26.03.2019. Aggrieved by the order Pr CIT, the assessee has filed an appeal with the Tribunal. 3. The learned Authorized Representative s contentions are that the PriCIT has ignored the deduction under Section 80P of the Act, which was examined in the course of assessment proceedings. The Assessing Officer has made enquiries and for earlier assessment years the exemption was granted. Therefore, the order passed u/sec143 (3)of the Act is not erroneous nor prejudicial to the interest of revenue and prayed for quashing the orders of the PrCIT. Contra, the learned Departmental Representative supported the order of PrCIT and filed written submissions and relied on judicial decisions, that when no enquiry was conducted by the AO, as per pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T in ITA No.935/Bang/2016 Dt.27.09.2019 observed at Para 6, which is read as under : 6. The Hon ble Supreme Court has held that the existence of twin conditions, viz., the assessment order should be erroneous and it should be prejudicial to the interests of revenue, should be shown in the revision order passed u/s 263 of the Act. The Hon ble Apex Court has further held that non-application of mind on the part of the Income-tax Officer would make the assessment order erroneous. In the instant case, we notice that the assessing officer did not conduct any enquiry at all with regard to the claim of Good Will made by the assessee. The Ld A.R also could not demonstrate that the AO did conduct enquiry and has taken a possible view. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion which should have been made; ( b ) the order is passed allowing any relief without inquiring into the claim; ( c ) the order has not been made in accordance with any order, direction or instruction issued by the Board under section 119; or ( d ) the order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person. Considering the facts and circumstances, provisions of law and judicial decisions, we are of the opinion that the Assessing Officer has passed the order without conducting enquiries or verifications, and The PrCIT has set aside the order passed under Section 143(3) of the Act by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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