B P ERGO EMPLOYEE CREDIT CO-OPERATIVE SOCIETY MARYADIT,NAGPUR V. ITO WARD 3(4), NAGPUR, NAGPUR

ITA 252/NAG/2025

AI Insights

The case involves B P Ergo Employee Credit Co-op. Society Maryadit appealing against the order of the ADDL/JCIT (Appeals)-1, Siliguri, which affirmed the addition made by the Assessing Officer (AO) regarding a disallowance of deduction claimed under section 80P(2)(d) of the Income Tax Act, 1961. The deduction was initially disallowed due to interest income received from nationalized banks. The Assessee's appeal was dismissed by the Ld. Commissioner due to non-compliance in providing necessary documentary evidence to support their claim. The Income Tax Appellate Tribunal decided to remand the case back to the Ld. Commissioner to allow the Assessee another opportunity to substantiate their claim with appropriate documents.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 777017 (ITAT-NAGPUR)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2025
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 17-04-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: SURJIT KUMAR SAHA; LD.
• Assessee Lawyers: KAPIL BAHRI; LD.
• Keywords: Condonation of delay; Opportunity of being heard
• Section: 143(3)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR “SMC” BENCH :: NAGPUR BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER ITA No.252/NAG/2025 (Assessment Year: 2017-18) B P Ergo Employee Credit Co-op. Society Maryadit, K52, MIDC Hingna Road, Nagpur-440016. PAN: AAAAB 8445 P Vs. ITO, Ward-3(4), Nagpur. (Appellant) (Respondent) Present for: Assessee by : Shri Kapil Bahri, Ld. CA. Revenue by : Shri Surjit Kumar Saha, Ld. Sr.D.R. Date of Hearing : 26.06.2025 Date of Pronouncement : 18.09.2025 O R D E R This appeal has been preferred by the Assessee against the order dated 22/01/2025 impugned herein passed by the ADDL/JCIT (Appeals)-1, Siliguri (in short, ‘Ld. Commissioner’) u/sec. 250 of the Income Tax Act, 1961 (in short, ‘Act’) for the A.Y. 2017-18. Printed from counselvise.com ITA No.252/NAG/2025 (B P Ergo Employee Credit Co-op. Society Maryadit) 2 2. At the outset, it is observed that there is a delay of 17 days in filing of the instant appeal. As the reasons stated by the Assessee in the application for condonation of delay which is duly supported by duly sworn affidavit dated 23/04/2025 are plausible, bonafide and unintentional, therefore, the delay of 17 days in filing of the instant appeal is condoned. 3. Coming to the merits of the case, it is observed that in this case, vide assessment order dated 18/10/2019 u/sec. 143(3) of the Act, the Assessing Officer (AO) has made the addition of Rs.2,77,113/- being ‘disallowance of deduction’ claimed u/sec. 80P(2)(d) of the Act by the Assessee during the assessment year under consideration on account of interest income received from nationalized banks i.e. Central Bank, ICICI Bank and Sahara India fixed deposits. 4. The Assessee, being aggrieved, though challenged the said addition by filing the first appeal before the Ld. Commissioner, however, despite of affording three opportunities, eventually made no compliance and, therefore, in the constrained circumstances, the Ld. Commissioner dismissed the appeal of the Assessee affirming the addition made by the AO. The Ld. Commissioner in the order specifically observed that Assessee in support of its claim, could not furnish any documentary evidences of its registration or its Printed from counselvise.com ITA No.252/NAG/2025 (B P Ergo Employee Credit Co-op. Society Maryadit) 3 contention i.e. cent percent eligible for claiming deduction u/sec. 80P of the Act. 5. Thus, considering the peculiar facts and circumstances in totality, for just and proper decision of the case and substantial justice, this Court is inclined to afford one more opportunity to the Assessee to substantiate its claim before the Ld. Commissioner by producing the relevant submissions/documents, so that Ld. Commissioner would be in a position to determine the issue under consideration in its right perspective and proper manner. Thus, the case is remanded to the file of the Ld. Commissioner for decision afresh, suffice to say by affording a reasonable opportunity of being heard to the Assessee. The Assessee is also directed to file relevant submissions/documents before the Ld. Commissioner. It is hereby clarified that in case of subsequent default, the Assessee shall not be entitled for any leniency. Thus, the case is accordingly remanded to the file of Ld. Commissioner for decision afresh. 6. In the result, Assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 18.09.2025. Sd/- (NARENDER KUMAR CHOUDHRY) JUDICIAL MEMBER vr/- Printed from counselvise.com ITA No.252/NAG/2025 (B P Ergo Employee Credit Co-op. Society Maryadit) 4 Copy to: The Appellant The Respondent The CIT, Concerned, Nagpur The DR Concerned Bench //True Copy// By Order Senior Private Secretary ITAT, Nagpur. Printed from counselvise.com "