NO.8729 KEELVANI PACCS LTD., ERODE V. ITO WARD 2(5) , ERODE

ITA 738/CHNY/2023

AI Insights

The case involves the Keelvani Primary Agricultural Co-operative Credit Society Ltd., which appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The original assessment for the year 2017-18 was framed by the Assessing Officer under section 143(3) of the Income Tax Act, which was later contested. The primary issue in the appeal was the dismissal of the assessee's appeal by CIT(A) on the grounds of non-payment of tax due on returned income, despite the assessee having filed a nil return and claimed deductions under section 80P. The Tribunal noted a significant delay in filing the appeal, attributed to the COVID-19 pandemic and lack of a qualified accountant, which they condoned.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134281 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-07-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 14-06-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Co-operative Credit Society
• Section: 80P

Judgement Text

आयकर अपीलीय अिधकरण “बी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय ी वी. द ु गा राव, ाियक सद! एवं माननीय ी मनोज कु मार अ&वाल ,लेखा सद! के सम)। BEFORE HON’BLE SHRI V. DURGA RAO, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ ITA No.738/Chny/2023 (िनधा रण वष / As sessment Year: 2017-18) No.8729 Keelvani Primary Agricultural Co-operative Credit Society Ltd. 87/29, Keelvani (P.O) Athani Via Anthiyur T.K. Erode -638 502. बनाम / V s . ITO Ward-2(5) Erode. था यी ले खा सं . / जी आ इ आ र सं . / P A N / G I R N o . AABAN-2087-J (अपीलाथ /Appellant) : (!"थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Mrs. A.Vijayalakshmi (CA)-Ld.AR !"थ कीओरसे/Respondent by : Shri D.Hema Bhupal (JCIT)- Ld.DR सुनवाईकीतारीख/Date of Hearing : 25-07-2023 घोषणाकीतारीख /Date of Pronouncement : 25-07-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2017-18 arises out of the order of the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 25-10-2021 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 14-12-2019. Upon perusal of impugned order, it could be seen that the appeal has been dismissed on the ground that the assessee did not pay the tax due on returned income. The assessee failed to make any representation during 2 ITA No.738/Chny/2023 appellate proceedings. The Ld. AR submitted that the assessee claimed deduction u/s 80P and the returned income was Nil. 2. The Registry has noted delay of 538 days in the appeal, the condonation of which has been sought by the assessee on the strength of condonation petition wherein it has been submitted that the assessee was held up with completion of statutory audit and it did not have qualified accountant to look after the proceedings. Considering the fact that substantial delay fall within lockdown situation arising out of Covid- 19 Pandemic, we condone the delay and admit the appeal for adjudication on merits. 3. Since the first appellate order is an ex-parte order and the appeal has been dismissed overlooking the fact that the assessee had filed nil return of income, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for fresh adjudication with a direction to the assessee to substantiate its case. 4. The appeal stand allowed for statistical purposes. Order pronounced on 25 th July, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) ाियक सद!/JUDICIAL MEMBER लेखासद! / ACCOUNTANT MEMBER चे5ई Chennai; िदनांक Dated : 25-07-2023 DS आदेशकीYितिलिपअ&ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. !"थ /Respondent 3. आयकरआयु>/CIT 4. िवभागीय!ितिनिध/DR 5. गाडC फाईल/GF