AA522 KUNNATHUR VELAMPALAYAM PRIMARY AGRICULTURAL COOP CREDIT SOCIETY LTD,TIRUPUR V. INCOME TAX OFFICER, WARD 1(2), TIRUPUR, TIRUPUR

ITA 233/CHNY/2025

AI Insights

The case involves the Kunnathur Velampalayam Primary Agricultural Co-operative Credit Society Ltd., which appealed against the order of the Learned Commissioner of Income Tax, National Faceless Appeal Centre, Delhi. The appeal was concerning the disallowance of deductions claimed under section 80P of the Income-tax Act, 1961, due to the late filing of the income tax return for the Assessment Year 2019-20. The Assessing Officer had disallowed the deductions citing non-compliance with the due date requirements under section 80AC of the Act. The assessee had filed a condonation petition for the delay, which was still pending at the time of the appeal. The Tribunal decided to set aside the CIT(A)'s decision and remand the matter for re-evaluation post the decision on the condonation petition.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107227 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2019-2020
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R. ANITHA
• Assessee Lawyers: A. VIJAYALAKSHMI; C.A VIRTUAL
• Keywords: Condonation of delay; Set aside; Co-operative Credit Society
• Section: 147; 148; 80P; 119(2)(b)

Judgement Text

"आयकर अपीलीय अिधकरण, ‘सी’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI \u0019ी एबी टी. वक , \u0011ा ियक सद! एवं \u0019ी जगदीश, लेखा सद! क े सम( BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.233/Chny/2025 िनधा8रण वष8 /Assessment Year: 2019-20 AA522 Kunnathur Velampalayam Primary Agricultural Co-operative Credit Society Ltd., Ganapathipalayam, Chinniampalayam Post, Kunnathur, Tirupur – 638 103. Vs. The Income Tax Officer, Ward-1(2), Tirupur. [PAN: AACAA 0772C] (अपीलाथ\u0007/Appellant) (\b यथ\u0007/Respondent) अपीलाथ की ओर से/ Appellant by : Ms. A. Vijayalakshmi, C.A (virtual) GHथ की ओर से /Respondent by : Ms. R. Anitha, Addl. CIT सुनवाई की तारीख/Date of Hearing : 26.03.2025 घोषणा की तारीख /Date of Pronouncement : 28.03.2025 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the assessee for Assessment Year (AY) 2019-20 arises out of the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter “CIT(A)”] dated 04.11.2024 in the matter of assessment framed by the Assessing Officer [AO] u/s. 147, r.w.s 144 r.w.s 144B of the Income-tax Act,1961 (hereinafter “the Act”) on 24.01.2024. ITA No.233/Chny/2025 :- 2 -: 2. The only ground of appeal in this appeal of assessee is against confirming the disallowance of claim of deductions u/s. 80P of the Act made by the A.O on the ground that return was not filled within the due date, though the condonation petition u/s 119(2)(b) was pending before CCIT Coimbtore. 3. The assessee is a primary agricultural co-operative credit society registered under Tamil Nadu Co-operative Societies Act and has filled return of income at Nil after claiming deduction u/s 80P, in response to notice u/s 148 of the Act dated 26.04.2023. The A.O has disallowed the claim of deduction u/s.80P of the Act, in the order u/s. 147 r.w.s 144 r.w.s 144B of the Act as the assessee has not filled return within due date as mandated by section 80AC of the Act. Aggrieved, the assessee filed an appeal before Ld. CIT(A). However, the Ld. CIT(A) dismissed the appeal upholding the order of A.O. 4. The Ld. Authorized Representative (A.R) of the assessee has submitted that the assessee has filed petition for condonation of delay in filing return of income u/s. 119(2)(b) of the Act, which is pending before CCIT, Coimbatore. The Ld. AR has submitted that the Ld. CIT(A) was not justified to dismiss assessee’s appeal without waiting for the order of the CCIT u/s.119(2)(b) of the Act. The Ld. AR therefore ITA No.233/Chny/2025 :- 3 -: requested that the order of Ld. CIT(A) may be set aside and he may be directed to decide the appeal after decision of CCIT. 5. On the other hand, the Ld. Departmental Representative (DR), has relied on the orders of lower authorities. 6. We have heard the rival submissions, and perused the materials available on record. The A.O has disallowed the claim of Section 80P of the Act for the reason that assessee has not filled return within the due date. The assessee has explained that the delay in filing the return was due to the late receipt of the cooperative audit report and the delay in filing the income tax return was primarily attributed to the postponement in complying with the audit requirements u/s. 80 of the Tamil Nadu Co-Operative Society Act, 1983. The assessee has filed an application for condonation of delay before the CCIT, Coimbatore, which is awaited. The Ld. CIT(A), therefore was not justified to dismiss the appeal without awaiting the decision of CCIT u/s 119(2)(b) of the Act. We, therefore remit the matter back to the Ld. CIT(A) for denovo adjudication after receipt of decision of the CCIT on the assessee’s condonation petition. In view of the above, the appeal filed by the assessee is allowed for statistical purposes only. ITA No.233/Chny/2025 :- 4 -: 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 28th March, 2025. Sd/- Sd/- (एबी टी. वक ) (ABY. T. Varkey) \u0011ाियक सद! / Judicial Member (जगदीश) (Jagadish) लेखा सद! /Accountant Member चे\u0010नई/Chennai, \u0013दनांक/Dated: 28th March, 2025. EDN/- आदेश क\u0016 \bितिल\u0019प अ\u001aे\u0019षत/Copy to: 1. अपीलाथ\b/Appellant 2. थ\b/Respondent 3. आयकर आयु\u0010/CIT, Coimbatore 4. िवभागीय ितिनिध/DR 5. गाड\u0019 फाईल/GF "