NARAKAL SERVICE CO-OPERATIVE BANK LTD NO E91,ERNAKULAM V. ITO, NON CORP WARD2(4) & TPS, COCHIN

MA 45/COCH/2025

AI Insights

The case involves the Narakal Service Co-op. Bank Ltd., which filed miscellaneous applications seeking recall of an order passed by the Income Tax Appellate Tribunal, Cochin. The applications were related to the assessment years 2013-14 to 2016-17. The primary issue was the denial of deduction under section 80P of the Income Tax Act, 1961, which the Tribunal had previously denied based on the judgment in Chirakkal Service Co-operative Bank Ltd. v. CIT[2016] 384 ITR 490 (Ker). The Bank contended that the ratio of a more recent decision by the Hon'ble High Court did not apply to their case as they had responded to a notice under section 142(1) of the Act. However, the Tribunal found that the Bank had not provided sufficient evidence to show that they had filed a return of income in response to a notice under section 148, and thus upheld the application of the earlier judgment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 773037 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 23-05-2025
• Other Referred Cases: Nileshwar Range Kallu Chethu Vyavasaya Thozihilali Sahararana Sangham [2023] 459 ITR 730 (Ker), Chirakkal Service Co-operative Bank Ltd. v. CIT[2016] 384 ITR 490 (Ker)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL
• Section: 148; 142(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI INTURI RAMA RAO, AM AND SHRI RHUL CHAUDHARY, JM MA Nos. 44 to 47/Coch/2025 (Arising out of ITA Nos. 991 to 995/Coch/2024) (Assessment Years: 2013-14 to 2016-17) Narakal Service Co-op. Bank Ltd. .......... Applicant Narakal P.O., Ernakulam 682505 [PAN: AAAAN3554F] vs. The Income Tax Officer. WD-4(4) & TPS .......... Respondent Ernakullam Applicant by: Shri Amaljit P.J., CA Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 22.08.2025 Date of Pronouncement: 22.09.2025 O R D E R Per: Inturi Rama Rao, AM The present miscellaneous applications are filed by the assessee seeking recall of the order passed by this Tribunal in ITA Nos. 992 to 995/Coch/2024 dated 08.04.2025 for assessment years (AY) 2013-14 to 2016-17 on the ground that the ratio of 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) have no application to the facts of the present case as Printed from counselvise.com 2 MA No. 44/Coch/2025 Narakal Service Co-op. Bank Ltd. the appellant had filed he return in response to Notice u/s. 142(1) of the Income Tax Act, 1961 (the Act). 2. We have carefully perused the averments made in the miscellaneous application and found that the claim for deduction u/s. 80P of the Act was denied by this Tribunal applying the ratio of the Chirakkal Service Co-operative Bank Ltd. v. CIT[2016] 384 ITR 490 (Ker) by recording a finding of fact that the appellant had neither filed return of income u/s. 139(1) nor in responses to notice u/s. 148 of the Act. On a careful perusal of the assessment order it would be evident that the AO issued notice u/s. 142(1) calling for certain information and evidences. The AO also issued notice u/s. 143(2) of the Act. There is no bar to issue notices u/s. 143(2) inspite of the fact that the assessee had not filed return of income in response to notice u/s. 148 of the Act. Therefore, it cannot be inferred that merely the AO issued notice u/s. 143(2), the appellant had filed return of income. The appellant had not filed any evidence before us to show that the appellant had filed return of income in response to notice u/s. 148 of the Act. Therefore, in these circumstances, the Tribunal had rightly applied the ratio of the judgement of the Hon'ble Jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozihilali Sahararana Sangham [2023] 459 ITR 730 (Ker). Thus, we find no mistake apparent from record alleged by the petitioner society. Printed from counselvise.com 3 MA No. 44/Coch/2025 Narakal Service Co-op. Bank Ltd. 3. In the result, the assessee’s miscellaneous applications stand dismissed. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (RAHUL CHAUDHARY) JUDICIAL MEMBER (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 22nd September, 2025 n.p. Copy to: 1. The Applicant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin Printed from counselvise.com "