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

ITA 992/COCH/2024

AI Insights

The case involves the Narakal Service Co-operative Bank Limited, which appealed against the orders of the Commissioner of Income Tax (Appeals)-3, Kochi, for the assessment years 2013-2014 to 2016-2017. The primary contention was regarding the denial of deduction under Section 80P of the Income Tax Act, 1961, on the grounds that the bank did not file its return of income within the due date prescribed under Section 139(1). The Tribunal considered the precedents set by the Hon'ble Kerala High Court, particularly the judgments in the cases of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham and Chirakkal Service Co-operative Bank Ltd., to arrive at its decision.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 46995 (ITAT-COCHIN)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Other Referred Cases: Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT, Chirakkal Service Co-operative Bank Ltd. v. CIT
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJIT KUMAR DAS; LEENA LAL
• Assessee Lawyers: AMALJITH P.J.
• Keywords: Condonation of delay; Bonafide belief
• Section: 250

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri George George K, Vice-President & Shri Inturi Rama Rao, Accountant Member ITA No.992/Coch/2024 :Asst.Year 2013-2014 ITA No.993/Coch/2024 :Asst.Year 2014-2015 ITA No.994/Coch/2024 :Asst.Year 2015-2016 ITA No.995/Coch/2024 :Asst.Year 2016-2017 Narakal Service Co-operative Bank Limited No.E-91 Narakal P.O. Ernakulam – 682 505. PAN : AAAAN3554F. v. The Income Tax Officer Ward 2(4) & TPS Ernakulam. (Appellant) (Respondent) Appellant by : Sri.Amaljith P.J., CA Respondent by : Sri.Sanjit Kumar Das, CIT-DR & Smt.Leena Lal, Sr.AR Date of Hearing :08.04.2025 Date of Pronouncement : 08.04.2025 O R D E R Per George George K, Vice-President : These appeals at the instance of assessee are directed against four separate orders of the Commissioner of Income Tax (Appeals)-3, Kochi [“CIT(A)”] (all orders are dated 21.06.2023) passed u/s. 250 of Income Tax Act, 1961 (\"the Act\" hereinafter). The relevant assessment years are (AYs) 2013-14 to 2016-17. 2. There is a delay of 477 days in filing these appeals before the Tribunal. The assessee has filed a petition for condonation of delay stating therein the reasons for belated filing of these appeals. It is stated in the condonation petition that the assessee had given relevant papers ITA No.992-995/Coch/2024. Narakal SCB Limited 2 for filing appeal before the Tribunal and the Tax Consultant had forwarded Form No.36 also after preparation to the assessee. The assessee was under the bonafide belief that the appeals were already filed and the papers sent from the office of Tax Consultant are for maintenance in its file. It is stated in the condonation petition that only when the department’s appeals were heard by the Tribunal, the assessee came to know that the appeals prepared by the Tax Consultant have not been filed. Immediately the appeals were filed with delay. On perusal of the reasons stated in the condonation petition, we are satisfied that there is sufficient cause for belated filing of these appeals and no latches can be attributed to the assessee. Hence, we condone the delay in filing these appeals and proceed to dispose of the same on merits. 3. Common issues are raised in these appeals, hence, they were heard together and are being disposed of by this consolidated order. 4. Brief facts of the case are as follows: The assessee is a service co-operative bank, registered under the Kerala Co-operative Societies Act, 1969. For the assessment years 2013-2014 to 2016-2017, the assessments were completed u/s.143(3) r.w.s. 147 of the Act. In the assessment orders completed, cash deposits made by the members in the various accounts of the assessee co- operative bank were added u/s.69 of the Act. The AO also disallowed the deduction claimed u/s.80P of the Act. The reason for disallowing the deduction claimed u/s.80P of the Act was that the assessee did not file the return of income within the time prescribed u/s.139(1) of the Act. ITA No.992-995/Coch/2024. Narakal SCB Limited 3 5. Aggrieved by the assessments completed for assessment years 2013-2014 to 2016-2017, the assessee preferred appeals before the first appellate authority. The CIT(A) partly allowed the appeals of the assessee. The CIT(A) deleted the addition made by the AO u/s.69 of the Act. As regards the claim of deduction u/s.80P of the Act is concerned, the CIT(A) following the judgment of the Hon’ble jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham v. CIT (2023) 459 ITR 730 (Ker.) held that since the assessee has not filed the return of income within the due date prescribed u/s.139(1) of the Act, it is not entitled for deduction u/s.80P of the Act. 6. Aggrieved by the order of the CIT(A), the assessee has filed the present appeals before the Tribunal. Revenue also had filed appeals in ITA No.599 to 601/Coch/2023 for assessment years 2014-2015 to 2016-2017. However, the same were disposed of without noticing that the assessee’s appeals, vide consolidated order of the Tribunal dated 26.12.2024. 7. As regards the assessee’s appeals are concerned, the solitary submission of the learned AR is that the CIT(A) has erred in denying the benefit u/s.8OP of the Act. The learned AR relied on the judgment of the Hon’ble jurisdictional High Court in the case of Chirakkal Service Co-operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)]. 8. The learned Departmental Representative submitted that the issue in question is squarely covered by the judgment of the Hon’ble ITA No.992-995/Coch/2024. Narakal SCB Limited 4 jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham (supra). 9. We have heard rival submissions and perused the material available on record. The solitary issue for our consideration is whether the assessee service co-operative bank is entitled for deduction u/s.80P of the Act, inspite of the return not being filed within the due date prescribed u/s.139(1) of the Act. The issue is no longer res integra. The Hon’ble jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham (supra) had held that for claiming deduction u/s.80P, the assessee-society must make the said claim in the return of income filed within the due date prescribed u/s.139(1) of the Act. The Hon’ble jurisdictional High Court had distinguished the earlier judgment of the Hon’ble Kerala High Court in the case of Chirakkal Service Co-operative Bank Ltd. (supra). In the light of the latest judgment of the Hon’ble jurisdictional High Court in the case of Nileshwar Range Kallu Chethu Vyavasaya Thozhilali Sahakarana Sangham (supra), we hold that the assessee service co- operative bank is not entitled for deduction u/s.80P of the Act. It is ordered accordingly. 10. In the result, the appeals filed by the assessee are dismissed. Order pronounced on this 08th day of April, 2025. Sd/- (Inturi Rama Rao) Sd/- (George George K) ACCOUNTANT MEMBER VICE-PRESIDENT Cochin; Dated : 08th April, 2025. Devadas G* ITA No.992-995/Coch/2024. Narakal SCB Limited 5 Copy to : 1. The Appellant. 2. The Respondent. 3. The CIT, Cochin. 4. The DR, ITAT, Cochin. 5. Guard File. Asst.Registrar/ITAT, Cochin "