KERALA UNIVERSITY STAFF HOUSING COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM V. ITO, WARD 2(1), TRIVANDRUM

ITA 963/COCH/2024

AI Insights

The case involves the Kerala University Staff Housing Co-operative Society Ltd, which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, for the Assessment Year 2022-23. The society, registered under the Kerala State Co-operative Societies Act, 1969, filed a return of income under section 139(4) of the Income Tax Act, claiming a deduction under section 80P. The AO disallowed this deduction, referencing section 80AC, which was upheld by the CIT(A) based on a precedent from the Kerala High Court. The society's appeal to the Tribunal was partly successful, leading to a remand for further consideration based on a delay condonation application.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 474695 (ITAT-COCHIN)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2022-2023
• Other Referred Cases: Nileshwar Range Kallu Chethu Vyavasaya Thozihilali Sahararana Sangham [2023] 459 ITR 730 (Ker)
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL
• Assessee Lawyers: ABRAHAM J. MARKOS
• Keywords: Condonation of delay
• Section: 143(3); 139(1); 80P; 139(4); 119(2)(b)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM ITA No. 963/Coch/2024 Assessment Year: 2022-23 Kerala University Staff Housing .......... Appellant Co-opertive Society Ltd. University Campus Senat House Palayam, Thiruvananthapuram 695033 [PAN: AAJAK0089P] vs. The Income Tax Officer .......... Respondent Ward - 2(1), Thiruvananthapuram Appellant by: Shri Abraham J. Markos, Advocate Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 12.03.2025 Date of Pronouncement: 27.03.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 30.09.2024 for Assessment Year (AY) 2022-23. 2. Brief facts of the case are that the appellant is a co-operative society registered under the Kerala State Co-operative Societies Act, 1969. The return of income for AY 2022-23 was not filed under the provisions of section 139(1) of the Act, but the appellant had filed the return of income u/s. 139(4) of the Act on 30.12.2022 declaring Nil income after claiming deduction u/s. 80P of the Act. Against the said 2 ITA No. 963/Coch/2024 Kerala University Staff Housing Co-op. Society Ltd return of income, the assessment was completed by the Income Tax Officer-Ward-2(1), Thiruvananthapuram (hereinafter called \"the AO\") u/s. 143(3) r.w.s. 144B of the Act vide order dated 20.02.2024 disallowing the deduction calmed placing reliance on the provisions of section 80AC of the Act. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO placing reliance on the decision of the Hon'ble Jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozihilali Sahararana Sangham [2023] 459 ITR 730 (Ker). 4. Being aggrieved, the appellant is in appeal before the Tribunal in the present appeal. 5. When the matter was called on, the learned counsel for the assessee submits that the delay in filing the appeal was condoned by the learned Pr. Commissioner of Income Tax, Thiruvananthapuram (PCIT) under the powers vested with him u/s. 119(2)(b) of the Act vide proceedings dated 25.09.2024 and, therefore, the appellant is eligible for deduction u/s. 80P of the Act. 6. On the other hand, the learned Sr. DR has not opposed the above submissions. 7. Having perused the material on record, I am of the considered opinion that the matter requires remand to the file of the AO to decide the issue in appeal based on the outcome of the application filed before the PCIT seeking condonation of delay in filing the appeal. 3 ITA No. 963/Coch/2024 Kerala University Staff Housing Co-op. Society Ltd 8. In the result, the appeal filed by the assessee stands partly allowed. 9. Order pronounced in the open court on 27th March, 2025. Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 27th March, 2025 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin 4 ITA No. 963/Coch/2024 Kerala University Staff Housing Co-op. Society Ltd S.No. Details Date Initials Designation 1 Draft dictated on 24.03.2025 Sr. PS/PS 2 Draft placed before author 25.03.2025 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement Sr. PS/PS 7 File sent to Bench Clerk Sr. PS/PS 8 Date on which the file goes to Head Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order "