TMI Blog2023 (1) TMI 1322X X X X Extracts X X X X X X X X Extracts X X X X ..... aised by the revenue and same is dismiss. - Shri Pawan Singh, Judicial Member For the Department : Shri Vinod Kumar, Sr. DR. For the Assessee : Shri Esmayeel Seherwala, A.R. ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by the revenue is directed against the order of National Faceless Appeal Centre, Delhi (in short, the NFAC)/learned Commissioner of Income Tax (Appeals) (in short, the ld. CIT(A) dated 11/05/2022 for the Assessment year (AY) 2014-15. The revenue has raised following grounds of appeal: (i) On the facts and in the circumstances of the case and in law, the learned Commissioner of income Tax (Appeals) has erred in deleting the addition made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is clear that cooperative banks are not specie of genus cooperative society, which would entitle to exemption or deduction under the special provisions of chapter VIA in the form of section 80P of the Act. This finding has also been approved by the Hon'ble High Court judgment of the Hon'ble High Court of Gujarat in the case of Katlary Kariyana Merchant Sahkari Sarafi mandali Ltd for A.Y 2015-16 in R/SCA No. 20585 of 2019. (v) It is therefore, prayed that the order of the Ld. CIT(A) may be set aside and that of assessing officer may be restored to the above extent. (vi) The appellant craves leave to add, alter, amend and/or withdraw any ground(s) of appeal either before or during the course of hearing of the appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 28/06/2018. 4. I have considered the submissions of both the parties and have gone through the orders of lower authorities carefully. I have also perused the order of Division Bench of this Tribunal in ITA No. 718/Srt/2018 (supra) wherein the order of ld. Pr.CIT passed under Section 263 dated 10/10/2018 was set aside. Considering the fact that once the revision order dated 10/10/2018 is quashed/set aside, consequent assessment order passed, while giving effect to revision order is thereafter void ab initio. Hence, I do not find any merit in the grounds of appeal raised by the revenue and same is dismiss. 5. In the result, this appeal of revenue is dismissed. Order pronounced in the open court on 3rd January, 2023. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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