BANK OF INDIA EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.,KANPUR V. ITO, CIVIL LINES

ITA 840/LKW/2025

AI Insights

The case involves the Bank of India Employees Co-operative Credit Society Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals) that dismissed their appeal on the grounds of limitation without considering the merits. The original assessment by the Income Tax Officer included an addition of Rs.9,52,547 to the assessee's income, which was claimed as a deduction under section 80P(2)(d) of the Income Tax Act. The Tribunal found that there was sufficient cause for the delay in filing the appeal with the CIT(A) and that the CIT(A) should have considered the appeal on its merits.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 833576 (ITAT-LUCKNOW)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2026
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2022-2023
• Appeal Filed On: 28-11-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R.R.N. SHUKLA
• Assessee Lawyers: RAVI SRIVASTAVA
• Keywords: Condonation of delay; Set aside

Judgement Text

"I.T.A. No.840/Lkw/2025 Assessment Year:2022-23 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘SMC’, LUCKNOW BEFORE SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.840/Lkw/2025 Assessment Year:2022-23 Bank of India Employees Co- operative Credit Society Ltd., 25/37, Kapoor Niwas, Birhana Road, Kanpur-208 001 PAN:AABAB0252D Vs. Income Tax Officer, Assessment Unit (NFAC) (Appellant) (Respondent) O R D E R (A) This appeal vide I.T.A. No.840/Lkw/2025 has been filed by the assessee for assessment year 2022-23 against impugned appellate order dated 29/09/2025 (DIN & Order No.ITBA/NFAC/S/250/2025- 26/1081298759(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short]. (B) In this case assessment order dated 19/03/2024 was passed by the Assessing Officer whereby the assessee’s total income was determined at Appellant by Shri Ravi Srivastava, Advocate Respondent by Shri R.R.N. Shukla, Addl. CIT (D.R.) Printed from counselvise.com I.T.A. No.840/Lkw/2025 Assessment Year:2022-23 2 Rs.9,52,547/-. In the aforesaid assessment order, an addition of Rs.9,52,547/- was made, claimed by the assessee as deduction u/s 80P(2)(d) of the I. T. Act. The assessee filed appeal in the office of the learned CIT(A). The learned CIT(A) dismissed the assessee’s appeal on limitation ground without going into merits of the case. The present appeal has been filed by the assessee in Income Tax Appellate Tribunal against the aforesaid order of the learned CIT(A). (C) At the time of hearing, representative for the assessee submitted that the learned CIT(A) unfairly and unjustly dismissed the assessee’s application for condonation of delay in filing of appeal. He further submitted that the impugned appellate order of learned CIT(A) should be set aside with the direction to pass de novo order on merits. The learned Departmental Representative supported the impugned order of learned CIT(A), but left the matter to the discretion of Bench. On perusal of records, it is evident that the learned CIT(A) dismissed the assessee’s appeal on limitation ground, treating the assessee’s appeal as time barred. The assessee’s application for condonation of delay was not considered favourably by learned CIT(A). From the records, it is evident that there was sufficient cause, within the meaning of section 249(3) of the Act because of which the assessee could not file appeal in the office of learned CIT(A) within time frame mentioned in section 249(2) of the Act. Accordingly, it is held that this was a fit case for the learned CIT(A) to condone the delay in filing of the appeal in his office and to admit the appeal for decision on merits. Having regard to the same, the impugned appellate order dated 29/09/2025 of learned CIT(A) is set aside and learned CIT(A) is directed to admit the appeal after condoning the delay in filing of appeal. Learned CIT(A) is further directed to pass de novo order on merits in accordance with law after providing reasonable opportunity to the assessee. Printed from counselvise.com I.T.A. No.840/Lkw/2025 Assessment Year:2022-23 3 (E) In the result, the appeal of the assessee is partly allowed for statistical purposes. (Order pronounced in the open court on 05/02/2026) Sd/. (ANADEE NATH MISSHRA) Accountant Member Dated:05/02/2026 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., Printed from counselvise.com "