AA282 KOLAPPALUR PRIMARY AGRICULTURAL COOP CREDIT SOCIETY LIMITED, ERODE V. ITO WARD 2(1), ERODE

ITA 815/CHNY/2023

AI Insights

The case involves the Kolappalur Primary Agricultural Co-operative Credit Society Limited, which appealed against an order from the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The appeal was related to the denial of deduction under section 80P(2)(a)(i) of the Income Tax Act, 1961, due to the late filing of the income tax return for the Assessment Year 2018-19. The initial appeal was dismissed as the assessee failed to appear. The tribunal noted a delay of 419 days in filing the appeal, which was condoned based on the circumstances of faceless proceedings and the assessee's unawareness of the dismissal. The tribunal decided to restore the appeal to the CIT(A) for a fresh decision, emphasizing the need for the assessee to substantiate its claims.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134391 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 27-08-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 12-07-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: E. SAM VICTOR LD
• Keywords: Co-operative Credit Society

Judgement Text

आयकर अपीलीय अिधकरण “सी” ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय ी वी. द ु गा राव, ाियक सद एवं माननीय ी मनोज कुमार 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.815/Chny/2023 (िनधा रण वष / As sessment Year: 2018-19) AA282 Kolappalur Primary Agricultural Co-operative Credit Society Limited, 328, G.D. Road, Kollapalur Gobichettipalayam, Erode-638 456. बनाम / V s . ITO, Ward-2(1), Erode. था यी ले खा सं . / जी आ इ आ र सं . / P A N / G I R N o . AACAA-1 567- B (अपीलाथ /Appellant) : (!"थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Shri E. Sam Victor(Advocate)-Ld.AR !"थ कीओरसे/Respondent by : Shri P.Sajit Kumar (JCIT)-Ld.DR सुनवाईकीतारीख/Date of Hearing : 28-08-2023 घोषणाकीतारीख /Date of Pronouncement : 28-08-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2018-19 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 21-03-2022 in the matter of an intimation issued by CPC u/s 143(1) 31-05-2019. The CPC has denied deduction as claimed by the assessee u/s 80P(2)(a)(i) due to the fact that return of income was not filed within due date u/s 139(1). The appeal has been dismissed since the assessee failed to appear during appellate proceedings. 2 2. The Registry has noted delay of 419 days in the appeal, the condonation of which has been sought by Ld. AR on the strength of condonation petition. It has been submitted that the delay occurred since the proceedings were faceless and the assessee was not aware of the dismissal of the appeal. Though Ld. DR opposed condonation, however, keeping in view the pleadings and considering the above stated facts, the bench formed an opinion that the delay was to be condoned and accordingly, we proceed for adjudication of appeal on merits. 3. The ld. AR, at the outset, made prayer to restore the appeal back to the file of Ld. CIT(A) since the assessee failed to make any appearance therein. Accepting the same, the appeal is restored back to the file of Ld. CIT(A) for fresh adjudication with a direction to the assessee to substantiate its case. The assessee is also free to seek condonation of delay for return of income before appropriate authority. 4. The appeal stand allowed for statistical purposes. Order pronounced on 28 th August, 2023. Sd/- Sd/- (V. DURGA RAO) (MANOJ KUMAR AGGARWAL) ाियक सद /JUDICIAL MEMBER लेखासद / ACCOUNTANT MEMBER चे4ई Chennai; िदनांक Dated : 28-08-2023 DS आदेशकीTितिलिपअ%ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. !"थ /Respondent 3. आयकरआयु=/CIT 4. िवभागीय!ितिनिध/DR 5. गाडBफाईल/GF