JUNNAR TALUKA PRATHAMIK SHIKSHAK SAHAKARI PATHSANTHA,PUNE V. PNE-W-59(1), PUNE, PUNE

ITA 1659/PUN/2025

AI Insights

The case involves Junnar Taluka Prathamik Shikshak Sahakari Patsanstha, a cooperative society, which appealed against the order of the CIT(A) NFAC, Delhi. The appeal was initially dismissed by the CIT(A) due to non-compliance by the assessee. The primary issue in the appeal was the denial of deduction under section 80P of the Income Tax Act for the assessment year 2021-22, specifically concerning the interest income from investments with cooperative banks. The ITAT noted that similar cases have been decided in favor of the assessee, allowing such deductions. The Tribunal, considering the principles of natural justice and the precedents, decided to give the assessee another opportunity to present its case before the CIT(A).

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 833672 (ITAT-PUNE)
• Duration Of Justice: 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2021-2022
• Appeal Filed On: 15-07-2025
• Other Referred Cases: Collector, Land Acquisition vs. Master Katiji and Others, Inder Singh Vs State of Madhya Pradesh
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R.Y. BALAWADE
• Keywords: Condonation of delay; Reasonable cause; Non compliance
• Section: 143(3)

Judgement Text

" आयकर अपीलीय अधिकरण \"ए \"न्यायपीठ पुणे में । IN THE INCOME TAX APPELLATE TRIBUNAL \"A\" BENCH, PUNE BEFORE Dr. MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं./ITA No.1659/PUN/2025 धििाारण वर्ा /Assessment Year: 2021-22 Junnar Taluka Prathamik Shikshak Sahakari Patsanstha, Junner, Junnar-410502 Pune Maharashtra PAN-AAAAJ3324K Vs. PNE-W-59(1), Pune अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee by: None Department by: Shri R.Y. Balawade, Addl. CIT Date of hearing: 28-01-2026 Date of Pronouncement: 02-02-2026 आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER :- This appeal at the instance of assessee is directed against the order of Ld. CIT(A) NFAC, Delhi framed u/s 250 of the Act, dated 10.03.2025 for A.Y. 2021-22 which is arising out of Assessment Order u/s 143(3) r.w.s. 144B of the Act dated 05.12.2022. 2. Registry has informed that there is delay of 45 days in filing of the present appeal. Application for condonation of delay alongwith affidavit is placed on record and on going through the same, we find that the delay is not intentional. Therefore in the larger interest of justice and placing reliance Printed from counselvise.com 2 ITA No.1659/PUN/2025 on judgement of Hon'ble Apex Court in the case of Collector, Land Acquisition vs. Master Katiji and Others(1987) 167 ITR 471(SC) (Supreme Court) and in the case of Inder Singh Vs State of Madhya Pradesh judgement dated 21.03.2025 (2025) INSC 382), delay of 45 days is condoned and appeal is admitted for adjudication. 3. At the outset Ld. Counsel for the assessee submitted that due to non compliance before Ld. CIT(A) appeal of the assessee has been dismissed and Ld. CIT(A) has not decided on merits of the case. Prayer made to afford one more opportunity to appear before Ld. CIT(A) for necessary adjudication of the issue raised in the instant appeal. 4. On the other hand Ld. Departmental Representative (DR) supported the order of Ld. CIT(A). 5. We have heard rival contentions and perused the record placed before us. The assessee is a Co-operative Society and in the assessment framed u/s 143(3) of the Act, assessee’s claim of deduction u/s 80P of the Act has been denied in the appeal before Ld. CIT(A). Assessee failed to respond resulting into dismissal of the assessee’s appeal. Before this Tribunal Ld. Counsel for the assessee has stated that the assessee made a valid claim of deduction u/s 80P of the Act and that the assessee is eligible for deduction u/s 80P(2)(d) of the Act for the interest income earned investment held with co- operative Banks. We find that due to non compliance Ld. CIT(A) has dismissed the assessee’s appeal in limine. Admittedly this Tribunal has been taking a consistent view in plethora of decisions that since the co-operative Banks are basically co-operative societies therefore interest earned on investments held with co-operative Banks is also eligible for deduction u/s 80P(2)(d) of the Act. However, since assessee Printed from counselvise.com 3 ITA No.1659/PUN/2025 failed to appear before Ld. CIT(A) inspite of being afforded sufficient opportunity, we considering the facts and circumstances of the case and also in the larger interest of justice deem it appropriate to afford one more opportunity to the assessee and restore the effective issues raised in the instant appeal to the file of Ld. CIT(A) for afresh adjudication to be carried out after considering the judicial precedents dealing with the issue of deduction u/s 80P(2)(d) of the Act to be placed by the assessee before Ld. CIT(A). We also direct the Ld. CIT(A) to pass a speaking order as contemplated u/s 250(6) of the Act. Needless to mention that proper opportunity of hearing shall be granted to the assessee. Further assessee is required to update its latest e-mail id and mobile No. on the website and also remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced on this 02nd day of February, 2026. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे/ Pune; ददिांक /Dated: 02nd February, 2026. Neeta Printed from counselvise.com 4 ITA No.1659/PUN/2025 आदेश की प्रधिधलधप अग्रेधर्ि /Copy of the Order forwarded to: 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, \"A\" बेंच, पुणे / DR, ITAT, \"A\" Bench, Pune 5. गार्ा फाइल / Guard File. आदेशािुसार / BY ORDER, Assistant Registrar आयकर अपीलीय अधिकरण, पुणे /ITAT, Pune. Printed from counselvise.com "