MORATTUPALAYAM PRIMARY AGRICULTURAL CO OP CREDIT SOCIETY LTD,TIRUPUR V. THE INCOME TAX OFFICER, WARD 1(2) TIRUPUR, TIRUPUR

ITA 62/CHNY/2025

AI Insights

The case involves Morattupalayam Primary Agricultural Co-Op Credit Society, which appealed against the order of the CIT(A) that dismissed their appeal due to a delay of 223 days in filing. The original order was passed under section 143(1) by the Assessing Officer in Bengaluru. The CIT(A) did not condone the delay, leading the society to appeal to the Income Tax Appellate Tribunal in Chennai. The Tribunal found that the CIT(A) should have awaited the decision on the condonation petition submitted to the Chief Commissioner of Income Tax, Coimbatore, before dismissing the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107194 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2020-2021
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: A. VIJAYALAKSHMI; C.A VIRTUAL
• Keywords: Set aside; Co-operative Credit Society
• Section: 143(1); 119(2)(b)

Judgement Text

"आयकर अपीलीय अिधकरण, ‘बी’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI मा ननीय \u001bी मनु क ुमा र िग र, \u0011ा ियक सद! एवं मा ननीय \u001bी जगदीश, लेखा सद! क े सम( BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.62/Chny/2025 िनधा +रण वष+ /Assessment Year: 2020-21 Morattupalayam Primary Agricultural Co-Op Credit Society, No.1/142, Kavundampalayam, Morattupalayam (Po), Uthukulli Taluk, Tirupur, Tamil Nadu-638752. Vs. The Income Tax Officer, Ward-1(2), Tirupur [PAN: AACAM0406D] (अपीलाथ\u0007/Appellant) (\b यथ\u0007/Respondent) अपीलाथ. की ओर से/ Appellant by : Ms.A.Vijayalakshmi, C.A(Virtual) 01थ. की ओर से /Respondent by : Smt.Gouthami Manivasagam, JCIT सुनवाई की तारीख/Date of Hearing : 18.03.2025 घोषणा की तारीख /Date of Pronouncement : 25.03.2025 आदेश / O R D E R PER MANU KUMAR GIRI (Judicial Member): The captioned appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals) ADDL/JCIT(A)-2 Hydrabad [CIT(A)] dated 06.11.2024 for Assessment Year 2020-21. 2. The appellant is a Primary Agricultural Co-operative Credit Society, has filed belated appeal before the ld.CIT(A) against the order/intimation u/s 143(1) dated 29.12.2023 passed by the AO, CPC, ITA No. 62/Chny/2025 :- 2 -: Bengaluru. However, the ld. CIT(A) did not condone the delay of 223 days in filing the appeal and opined that deciding the appeal on merits doesn’t arise. In effect, he has dismissed the appeal of the assessee. Hence, assessee is in further appeal before us. 3. The ld. AR of the assessee submitted various arguments inter- alia that the appellant has filed a condonation petition u/s 119(2)(b) of the Act before the Chief Commissioner of Income Tax (CCIT), Coimbatore, seeking condonation of the delay in filing the return of income. 4. Per contra, the ld. DR relied upon the orders of the lower authorities and pleaded for the dismissal of appeal of the assessee. 5. We have heard the both parties and perused the records of the appeal papers. Having gone through the reasons, we find that the ld. CIT(A) ought to have been condoned the delay in filing the appeal. Keeping in mind the assessee is a primary agricultural co-operative credit society and reasons stated in the order of the ld.CIT(A) at para 2, we condone the delay in filing the appeal before the ld.CIT(A). Further, we are of the considered view that the ld.CIT(A) should have waited for the outcome of the condonation petition filed before the Chief Commissioner of Income Tax (CCIT), Coimbatore for the validating delayed return of income. Hence, we set aside and remand back the appeal to the file of the ld.CIT(A) to wait for the outcome of the Chief Commissioner of Income Tax (CCIT), Coimbatore on the condonation petition for validating delayed return filed. After receipt of the order of the Chief Commissioner of Income Tax (CCIT), ITA No. 62/Chny/2025 :- 3 -: Coimbatore on the aforesaid petition, the ld.CIT(A)will take his judicial view on all issues/fresh issues according to law. 6. In the result, appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the open court on 25th March, 2025 at Chennai. Sd/- Sd/- (जगदीश) (JAGADISH) लेखा सद! / ACCOUNTANT MEMBER (मनु क ुमार िग र) (MANU KUMAR GIRI) \u0011ाियक सद! / JUDICIAL MEMBER चे\u0003ई Chennai: िदनांक Dated : 25th March, 2025 KB आदेश क\u0010 \b\u0011त\u0013ल\u0014प अ\u0015े\u0014षत/Copy to: 1. अपीलाथ\u0010/Appellant 2. \u0011\u0012थ\u0010/Respondent 3. आयकरआयु\u0017/CIT, Chennai/Coimbatore/Madurai/Salem. 4. िवभागीय\u0011ितिनिध/DR 5. गाड फाईल/GF "