TMI Blog2016 (9) TMI 1558X X X X Extracts X X X X X X X X Extracts X X X X ..... ainable in the eyes of law because the order is not erroneous nor prejudicial to the interest of revenue. Accordingly we set aside the order in question dated 25.03.2014. The appeal of the assessee is hereby allowed. - I.T.A. No.2774/Mum/2014 - - - Dated:- 23-9-2016 - Shri R.C.Sharma, AM And Shri Amarjit Singh, JM Assessee by: Shri Vanesh Kumar Nadar Department by: Shri Sanjay Bahadur ORDER Amarjit Singh, The assessee has filed the present appeal against the order dated 25.03.2014 passed by the Commissioner of Income Tax (Appeals) 13, Mumbai [hereinafter referred to as the CIT(A) ] relevant to the A.Y.2009-10. 2. The assessee has raised the following grounds:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of appellant society wherein he has upheld the submissions made by the society as well as the findings of the Assessing Officer for A.Y.2009-10 having identical facts. (b) He has failed to follow the judicial decision cited before him of jurisdictional Hon ble Income Tax Appellate Tribunal, Mumbai having identical facts as of the appellant society as well as various other decisions on the impugned issue. 3. The brief facts of the case are that the proposal dated 12.12.2013 u/s.263 of the Income Tax Act, 1961 ( in short the Act ) was submitted by the ITO 13(2)(2), Mumbai and the same was forwarded to the JT. CIT Rg.13(2) vide letter dated 13.12.2013. It was submitted in the said proposal that the assessee s c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejudicial to the interest of revenue, therefore, the case is liable to be viewed again in view of the provision u/s.263 of the Act. However the assessee was not satisfied therefore filed the present appeal. ISSUE NO.1 TO 5:- 5. All the issues are interconnected, therefore are being taken together for adjudication. Infact in all the issues the assessee has challenged the validity of order dated 263 of the Act. The learned representative of the assessee has argued that the matter of controversy has been adjudicated by the Income Tax Appellate Tribunal in the assessee s own case in ITA No.2515/Mum/2014 dated 20.05.2016 for the A.Y.2010-11 in which it has been categorically held that the assessee Co-operative Society does n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the restriction placed under sub-section (4) of section 80P of the Act. Accordingly, we decide both the grounds of appeal. 6. In view of the said circumstances we are of the view that the identical issue has been decided in favour of the assessee in the assessee s own case mentioned above. Following the consisting view taken on the identical issue, we are of the view that the assessee Cooperative Society does not fall within the restrictions placed u/s. 80P of the Act. In view of the said circumstances when the controversy is quite clear which has been decided in favour of the assessee, we are of the view that the order u/s.263 of the Act is not liable to be sustainable in the eyes of law because the order is not erroneous nor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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