IRIMBILIYAM SERVICE COOPERATIVE BANK LTD,MALAPPURAM V. ITO, WARD 1, TIRUR

ITA 308/COCH/2025

AI Insights

The case involves the Irimbiliyam Service Co-operative Bank, which appealed against the order of the National Faceless Appeal Centre / Commissioner of Income-tax (Appeals) that denied them a deduction under section 80P of the Income Tax Act for the assessment year 2020-2021. The deduction was initially claimed in their return filed on March 30, 2021, but was denied by the Income Tax Officer due to the return being filed late, beyond the due date prescribed under section 139(1) of the Act. The Tribunal dismissed the appeal due to the significant delay in filing and upheld the lower authorities' decisions based on legal precedents.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 315709 (ITAT-COCHIN)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2020-2021
• Other Referred Cases: Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT (2023) 459 ITR 730 (Ker.)
• Laws Referred To: Kerala Co-operative Societies Act, 1956, Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL; SENIOR
• Assessee Lawyers: SWATHY S
• Keywords: Condonation of delay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, COCHIN Before Shri Inturi Rama Rao, Accountant Member ITA No.308/Coch/2025 : Asst.Year 2020-2021 Irimbiliyam Service Co-operative Bank Limited, Irimbiliyam PO Malapuram – 679 572. PAN : AAAAI8321F. v. The Income Tax Officer Ward - 1 Tirur. (Appellant) (Respondent) Appellant by : Ms.Swathy S, Advocate Respondent by : Smt.Leena Lal, Senior AR Date of Hearing : 05.05.2025 Date of Pronouncement : 13.05.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre / Commissioner of Income-tax (Appeals) [hereinafter “the CIT(A)”] dated 09.08.2023 for the assessment year 2020-2021. 2. Briefly, the facts of the case are that the appellant is a co- operative society, duly formed under the Kerala Co-operative Societies Act, 1956. The return of income for the assessment year 2020-2021 was filed on 30th March, 2021, after claiming deduction u/s.80P of the Act, amounting to Rs.27,83,922. Against the said return of income, the assessment was completed by the Income Tax Officer, Ward -1, Tirur (hereinafter “the AO\") denying the claim for deduction u/s.80P of the Act on the ground that the return of income was not filed within the due ITA No.308/Coch/2025. Irimbiliyam SCB Limited. 2 date prescribed u/s.139(1) of the Act, placing reliance on the provisions of section 80AC of the Act. 3. Being aggrieved by the above assessment order, the appellant preferred an appeal before the CIT(A), who vide the impugned order, confirmed the action of the AO. 4. Being aggrieved, the appellant is in appeal before the Tribunal, in the present appeal. 5. The learned Senior DR relied upon the orders of the authorities below. 6. At the outset, I find that there is a delay in filing the present appeal before the Tribunal by 563 days. The appellant had filed a petition seeking condonation of delay on the ground that the order passed by the CIT(A) was received by the appellant on 10th August, 2023 through email, which was not noticed by the appellant. The appellant became aware of the order passed by the CIT(A) only at the time when he received the penalty order passed u/s.270A of the Act on 18.03.2025, and immediately thereafter steps were initiated to file the appeal and the appeal came to be filed on 19.04.2025, which resulted in a delay of 563 days. 7. I had carefully perused the averments made in the affidavit seeking condonation of delay. I find that the appellant had admitted to have received the order passed by the CIT(A) on 10th August, 2023, however, the appellant had failed to explain the circumstances as to how he could not notice the order passed by the CIT(A) when it was served ITA No.308/Coch/2025. Irimbiliyam SCB Limited. 3 on 10th August, 2023. Thus, the explanation filed by the appellant is too generic and no plausible explanation is filed by the appellant. Accordingly, I am of the considered opinion that it is not a fit case for condoning the delay. 8. Even otherwise, on the merits of the case, the issue is covered against the appellant by the decision of the Hon’ble jurisdictional High Court in the case of Hon’ble jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT (2023) 459 ITR 730 (Ker.), wherein it was held that for claiming deduction u/s.80P, the assessee-society must make the said claim in the return of income filed within the due date prescribed u/s.139(1) of the Act. Therefore, I hold that the assessee service co- operative bank is not entitled for deduction u/s.80P of the Act. It is ordered accordingly. 9. In the result, the appeal filed by the assessee stands dismissed. Order pronounced on this 13th day of May, 2025. Sd/- (Inturi Rama Rao) ACCOUNTANT MEMBER Cochin; Dated : 13th May, 2025. Devadas G* Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT, Cochin. 4. The DR, ITAT, Cochin. 5. Guard File. Asst.Registrar/ITAT, Cochin "