CHATHAMANGALAM SERVICE CO-OPERATIVE BANK LTD,CHATHAMANGALAM V. ASST. COMMISSIONER OF INCOME TAX, KOZHIKODE

ITA 76/COCH/2025

AI Insights

The case involves the Chathamangalam Service Co-op. Bank Ltd., which appealed against the order of the National Faceless Appeal Centre, Delhi, concerning the disallowance of a deduction claimed under section 80P of the Income Tax Act, 1961 for the Assessment Year 2015-16. The primary issue was whether the appellant, a co-operative society, qualified as a primary agricultural co-operative society eligible for the deduction. The Assessing Officer (AO) had disallowed the deduction due to lack of evidence supporting the appellant's status as a primary agricultural co-operative society. The CIT(A) upheld the AO's decision, leading to the present appeal. However, the tribunal dismissed the appeal primarily due to the appellant's failure to justify the significant delay in filing the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 668815 (ITAT-COCHIN)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Other Referred Cases: Mrinmoy Maity v. Chhanda Koley [2024] SCC OnLine SC 551
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PRAKASH CHAND YADAV, JM ITA No. 76/Coch/2025 Assessment Year: 2015-16 Chathamangalam Service Co-op. Bank Ltd. .......... Appellant Chathamangalam P.O., NIT, Kozhikode 673601 [PAN: AABAC5862C] vs. ACIT, Circle 2(1), Kozhikode .......... Respondent Appellant by: ------- None ------- Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 28.05.2025 Date of Pronouncement: 23.06.2025 O R D E R Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 30.05.2023 for Assessment Year (AY) 2015-16. 2. Brief facts of the case are that the appellant is a co-operative society registered under the Kerala State Co-operative Societies Act, 1969. It is engaged in the business of banking. The return of income for AY 2015-16 was filed on 12.03.2016 declaring income of Rs. 94,93,792/- and the same was claimed as deduction u/s. 80P of the Income Tax Act, 1961 (the Act). Against the said return of income, 2 ITA No. 76/Coch/2025 Chathamangalam Service Co-op. Bank Ltd. the assessment was completed by the ACIT, Circle 2, Kozhikode (hereinafter called \"the AO\") vide order dated 03.08.2017 passed u/s. 143(3) of the Act by disallowing the claim for deduction u/s. 80P of the Act on the ground that no evidence was shown that the appellant is a primary agricultural co-operative society. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 4. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 5. At the outset, there is a delay of 545 days in filing the present appeal. The appellant had filed a petition seeking condonation of delay. The only reason given by the appellant is that the work was outsourced to an outside agency. No details, such as the name of the agency, evidence to prove that the work was given to such agency, etc. were not furnished. The appellant society simply attempts to shift the burden to the shoulders of the so called outsourcing agency. Keeping in view the decision of the Hon'ble Supreme Court in the case of Mrinmoy Maity v. Chhanda Koley [2024] SCC OnLine SC 551 wherein the Hon’ble Supreme Court observed that an litigant who approach the court belatedly or in other words sleeps over his rights for a considerable period of time, wakes up from his deep slumber ought not to be granted the extraordinary relief as delay is defined as guilty. 3 ITA No. 76/Coch/2025 Chathamangalam Service Co-op. Bank Ltd. 6. In the result, the appeal filed by the assessee stands dismissed. Order pronounced in the open court on 23rd June, 2025. Sd/- Sd/- (PRAKASH CHAND YADAV) JUDICIAL MEMBER (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 23rd June, 2025 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin "