GOBICHETTIPALAYAM PUBLIC SERVANTS COOP THRIFT & CREDIT SOCIETY LIMITED,ERODE V. ITO WARD 2(1), ERODE

ITA 3412/CHNY/2024

AI Insights

The case involves M/s. Gobichettipalayam Public Servants Co-op. Thrift & Credit Society Ltd., which appealed against the order of the Learned Commissioner of Income Tax (Appeals), Delhi, disallowing their claim under section 80P of the Income Tax Act, 1961, for the Assessment Year 2018-19. The disallowance was due to the late filing of their return of income, which was filed three days after the extended deadline. The assessee had filed a condonation application for this delay, which was pending before the Chief Commissioner of Income Tax, Coimbatore, at the time of the tribunal's decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 398242 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: S. BHUPENDRAN
• Keywords: Set aside; Competent authority

Judgement Text

"आयकर अपीलीय अिधकरण, ‘बी’ \u0001यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI \u0001ी एबी टी. वक , ाियक सद\u0011 एवं एवं एवं एवं \u0001ी मनोज क ुमार अ\u0019वाल, लेखा सद\u0007 क े सम BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.3412/Chny/2024 िनधा\u000eरण वष\u000e/Assessment Year: 2018-19 M/s. Gobichettipalayam Public – Servants Co-op. Thrift & Credit Society Ltd., No.6, Seethammal Colony, Nagarpalayam Road, Gobi, Erode-638 452. v. The ITO, Ward-2(1), Erode. [PAN: AABAG 9929 Q] (अपीलाथ\u0016/Appellant) (\u0017\u0018यथ\u0016/Respondent) अपीलाथ\u0016 क\u001a ओर से/ Appellant by : Mr. S. Bhupendran, Advocate (Erode) by Virtual \u0017\u0018यथ\u0016 क\u001a ओर से /Respondent by : Ms. Gouthami Manivasagam, JCIT सुनवाईक\u001aतारीख/Date of Hearing : 28.04.2025 घोषणाक\u001aतारीख /Date of Pronouncement : 04.06.2025 आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee Public Servants Co-op. Thrift & Credit Society Ltd., against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter referred to as “the Ld.CIT(A)”), Delhi, dated 27.08.2024 for the Assessment Year (hereinafter referred to as \"AY”) 2018-19. ITA No.3412/Chny/2024 (AY 2018-19) M/s. Gobichettipalayam Public Servants Co-op. Thrift & Credit Society Ltd. :: 2 :: 2. At the outset, the Ld. Counsel for the assessee submitted that there is a delay of ‘61’ days in filing of this appeal and explained the reason for cause of delay. Having gone through the facts which led to the delay, we find that there was sufficient cause for the cause of delay and hence, we condone the delay of ‘61’ days and proceed to adjudicate the appeal on merits. 3. The Ld.AR of the assessee submitted that the only grievance of the assessee is against action of the Ld.CIT(A) disallowing the claim u/s.80P of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act‘) amounting to Rs.1,39,34,950/- for non-filing of return within the due date prescribed u/s.139(1) of the Act and thereby, raised a demand of Rs.68,48,578/-. 4. In this regard, the assessee brought to our notice that assessee is a Co-op. Thrift & Credit Society which was registered as per Tamil Nadu Co- operative Societies Act, 1983, and had filed its return of income (RoI) on 03.11.2018 [belatedly by three (3) days since CBDT vide order dated 08.10.2018 had extended the regular due date for filing of return from 30.09.2018 to 31.10.2018], because of which, the Ld.CIT(A) taking note of the amendment brought in by section 80AC of the Act, confirmed the action of the lower authorities denying the claim, against which, the assessee is before us. ITA No.3412/Chny/2024 (AY 2018-19) M/s. Gobichettipalayam Public Servants Co-op. Thrift & Credit Society Ltd. :: 3 :: 5. Before us, the Ld.AR brought to our notice that the assessee has filed condonation application dated 25.12.2024 for belated filing of the return before the competent authority as delegated by the CBDT, i.e., Chief Commissioner of Income Tax (CCIT), Coimbatore, which application is pending before the CCIT, Coimbatore. A copy of condonation application dated 25.12.2024 has been placed before us. Therefore, the plea of the Ld.AR is that the Ld.CIT(A) may be directed to await the decision of the CCIT, Coimbatore, in respect of condonation application filed for condoning the delay of three (3) days in filing of RoI and thereafter decide the appeal on merits. 6. Having heard both the parties and after perusal of the records, we note that assessee Co-op. Thrift & Credit Society was registered under the Tamil Nadu Co-operative Societies Act, 1983, had filed its RoI belatedly after three (3) days i.e. on 03.11.2018 to the tune of Rs.1,39,34,950/- claiming deduction u/s.80P of the Act, which was denied. On appeal, the Ld.CIT(A) has confirmed the same by passing the impugned order. Before us, it has been brought to our notice that the assessee has filed condonation application dated 25.12.2024 before the CCIT, Coimbatore, for condoning the delay in filing of RoI. In the light of the same, we set aside the impugned order of the Ld.CIT(A) and direct the Ld.CIT(A) to decide the grounds of appeal of the assessee after the decision is rendered by the CCIT, Coimbatore, on the application filed by the ITA No.3412/Chny/2024 (AY 2018-19) M/s. Gobichettipalayam Public Servants Co-op. Thrift & Credit Society Ltd. :: 4 :: assessee dated 25.12.2024 and thereafter, pass order on merits, in accordance to law after hearing the assessee. 7. The assessee is directed to keep track of the condonation application filed before the CCIT, Coimbatore, and inform the Ld.CIT(A), the outcome of its ibid application and then file relevant documents in support of its claim of deduction u/s.80P of the Act and thereafter, the Ld.CIT(A) to pass order in accordance to law. 8. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on the 04th day of June, 2025, in Chennai. Sd/- (मनोज क ुमार अ\u0019वाल) (MANOJ KUMAR AGGARWAL) लेखा सद\u0003य/ACCOUNTANT MEMBER Sd/- (एबी टी. वक ) (ABY T. VARKEY) \u0005याियक सद\u0003य/JUDICIAL MEMBER चे ई/Chennai, !दनांक/Dated: 04th June, 2025. TLN आदेश क\u001a \u0017ितिलिप अ$ेिषत/Copy to: 1. अपीलाथ /Appellant 2. \u000eथ /Respondent 3. आयकरआयु\u0014/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय ितिनिध/DR 5. गाड फाईल/GF "