KAMANAYAKANPATTI PACCS,TUTICORIN V. ITO, WARD-1, TUTICORIN

ITA 3209/CHNY/2024

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The case involves Kamanaya Kanpatti Primary Agriculture Credit Coop Society, which appealed against the order of the Additional/JCIT(A), Udaipur, concerning the denial of a deduction under section 80P of the Income-tax Act for the assessment year 2022-23. The society filed its return on 25.03.2023, which was beyond the due date prescribed under section 139(1) of the Act. The CPC, Bangalore, and the Additional/JCIT(A) both denied the deduction citing non-compliance with section 80AC, which requires adherence to the due date for filing returns to claim deductions under section 80P. The Tribunal dismissed the appeal, emphasizing the importance of adhering to procedural timelines, while allowing the possibility of filing a condonation petition for the delay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 29921 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2022-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: GAUTHAMI MANIVASAGAM
• Assessee Lawyers: ABHISHEK MURALI
• Keywords: Condonation of delay; Opportunity of being heard
• Section: 143(1); 139(1); 80P

Judgement Text

" आयकर अपीलीय अिधकरण, ‘बी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI ᮰ी जॉजᭅ जॉजᭅ के, उपा᭟यᭃ एवं ᮰ी एस.आर.रघुनाथा, लेखा सद᭭य के समᭃ BEFORE SHRI GEORGE GEORGE K, HON’BLE VICE PRESIDENT AND SHRI S.R. RAGHUNATHA, HON’BLE ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 3209/Chny/2024 िनधाᭅरण वषᭅ / Assessment Year: 2022-23 Kamanaya Kanpatti Primary Agriculture Credit Coop Society, 1/213, Pasuvanthanai Main Road, Kamanayakanpatti, Tuticorin – 628 501. [PAN: AAAAE-4372-Q] v. The Income Tax Officer, Ward -1, Tuticorin. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Mr. Abhishek Murali, CA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Ms. Gauthami Manivasagam, JCIT सुनवाई कᳱ तारीख/Date of Hearing : 19.02.2025 घोषणा कᳱ तारीख/Date of Pronouncement : 21.02.2025 आदेश /O R D E R PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER: This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals), Addl/JCIT(A), Udaipur, dated 21.10.2024 and pertains to assessment year 2022-23. :-2-: ITA. No: 3209/Chny/2024 2. The only issue involved in this appeal is as regards to Ld.Addl/JCIT(A) erred in disallowing the deduction claimed u/s. 80P of the Income-tax Act, 1961 (hereinafter referred to as “the Act”). 3. The brief facts of the case are that, the assessee is a primary agriculture credit cooperative society has filed its return of income for the assessment year 2022-23 on 25.03.2023 by declaring a gross total income of Rs.2,79,300/- and claimed deduction u/s. 80P of the Act to the tune of Rs.2,79,300/- by declaring a nill total income. The return of income was processed by the CPC, Bangalore and issued an intimation u/s. 143(1) of the Act by denying the claim of deduction u/s. 80P of the Act as the assessee had not filed the return of income as per the due date prescribed u/s. 139(1) of the Act in compliance with the condition laid down in section 80AC of the Act. Aggrieved by the order of the CPC, Bangalore, the assessee preferred an appeal dated 21.09.2024 before the ld. Addl/JCIT(A) with a delay of 236 days. 4. The ld. Addl/JCIT(A) issued notices to the assessee stating that the appeal has been filed with a delay of more :-3-: ITA. No: 3209/Chny/2024 than 8 months and had not filed an application for condonation of delay or an affidavit for the same. However, the assessee chose to be silent and hence the ld. Addl/JCIT(A) dismissed the appeal by passing the order dated 21.10.2024 stating that there is no sufficient cause for condonation of delay in filing of the appeal. Aggrieved by the order of the ld. Addl/JCIT(A) the assessee is before us. 5. The ld.AR for the assessee stated that the ld. Addl/JCIT(A) has not provided any opportunity to be heard and has unilaterally passed the order. Further, the deduction claimed u/s. 80P of the Act to the tune of Rs.2,79,300/- should have been allowed. Since, the assessee is a cooperative society liable to get audited by the department of State Government and hence, there was a delay in filing the return of income for the assessment year 2022-23. Therefore, the ld.AR prayed for setting aside the order of the ld. Addl/JCIT(A) by giving one more opportunity to the assessee to prosecute their case before the ld. Addl/JCIT(A). 6. Per contra, the ld.Sr.DR stated that the assessee has filed its return of income after the due date and hence, the :-4-: ITA. No: 3209/Chny/2024 denial of deduction u/s. 80P of the Act by the lower authorities is in accordance with provisions of section 80AC of the Act and hence, the order of the ld. Addl/JCIT(A) may please be upheld. 7. We have heard both the parties, perused materials available on record and gone through orders of the authorities below. It is an admitted fact that the assessee has filed the return of income on 25.03.2023 for the assessment year 2022-23 which is beyond the time prescribed for filing of return u/s. 139(1) of the Act. To claim the deduction u/s. 80P of the Act, the assessee has to file its return of income on or before due date prescribed u/s.139(1) of the Act as per the conditions laid down in section 80AC of the Act. 8. We note that the CPC, Bangalore and that of the ld. Addl/JCIT(A) has rightly denied the deduction u/s. 80P of the Act for the said assessment year. We also note that the power of condoning the delay in filing the return of income for allowing the deduction u/s. 80P of the Act is being vested with the jurisdictional PCIT and hence, we do not find any reason to interfere in the orders of the ld. Addl/JCIT(A). Therefore, in the present facts and circumstances of the case, the ld. :-5-: ITA. No: 3209/Chny/2024 Addl/JCIT(A) has rightly dismissed the appeal of the assessee and hence we dismiss the appeal of the assessee with a liberty to the assessee to file the condonation petition before the ld.PCIT for condoning the delay in filing of the return of income for the assessment year 2022-23 to allow the deduction u/s. 80P of the Act. 9. In the result, appeal filed by the assessee is dismissed. Order pronounced in the court on 21st February, 2025 at Chennai. Sd/- (जॉजŊ जॉजŊ क े) (GEORGE GEORGE K) उपाȯƗ /VICE PRESIDENT Sd/- (एस. आर. रघुनाथा) (S. R. RAGHUNATHA) लेखा सद˟/ACCOUNTANT MEMBER चे᳖ई/Chennai, ᳰदनांक/Dated, the 21st February, 2025 JPV आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3.आयकर आयुƅ/CIT – Chennai 4. िवभागीय Ůितिनिध/DR 5. गाडŊ फाईल/GF "