NAVCHAITANYA NAGARI SAHAKARI PATSANSTHA LIMITED ATTI,SATARA V. INCOME TAX OFFICER WARD 1, SATARA, SATARA

ITA 2225/PUN/2024

AI Insights

The case involves Navchaitanya Nagari Sahakari Patsanstha Limited, a cooperative society, which appealed against the order of the CIT(A) pertaining to the assessment year 2021-22. The society had filed its return declaring nil income, which was processed by the CPC, resulting in an assessed income of Rs. 17,73,380 after certain adjustments. The CIT(A) had initially dismissed the appeal due to a delay in filing, which the Tribunal later condoned. The Tribunal found it appropriate to restore the matter to the CIT(A) for a decision on the merits, ensuring a fair opportunity for the assessee to be heard.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 471156 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2021-2022
• Other Referred Cases: CIT (Central) vs. Premkumar Arjunda (2017) 297 CTR 614 (Bombay)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ TRIPATHI
• Assessee Lawyers: PRATEEK JHA
• Keywords: Condonation of delay; Opportunity of being heard; Reasonable cause
• Section: 80P

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI MANISH BORAD, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.2225/PUN/2024 िनधाᭅरण वषᭅ / Assessment Year : 2021-22 Navchaitanya Nagari Sahakari Patsanstha Limited Atit, Atit, District- Satara, Satara-415519. PAN : AAABN0030B Vs. ITO, Ward-1, Satara. Appellant Respondent आदेश / ORDER PER S. S. VISWANETHRA RAVI, JM: This appeal filed at the instance of assessee is directed against the order of Ld. Addl/JCIT(A)-2, Delhi [‘Ld. CIT(A)’] dated 30.09.2024 pertaining to assessment year 2021-22. 2. At the outset, Ld. Counsel for the assessee prayed for condonation of delay in filing of the appeal before Ld. CIT(A) and to restore the issue raised on merits for necessary adjudication by Ld. CIT(A). Though Ld. DR oppose his request, we considering the Assessee by : Shri Prateek Jha Revenue by : Shri Manoj Tripathi Date of hearing : 17.03.2025 Date of pronouncement : 19.03.2025 ITA No.2225/PUN/2024 2 facts of the case and also the contents of the application for condonation of delay filed before Ld. CIT(A), decide to condone the delay in filing of the appeal before Ld. CIT(A). 3. So far as merits of the case are concerned, the case of the assessee which is a cooperative society and filed its return of income on 06.01.2022 which was processed u/s 143(1)(a) of the Act after making certain additions/disallowance of deduction u/s 80P of the Act, we observe that the assesses declared Nil income but the CPC processed it at Rs.17,73,380/- after making certain adjustments. However, since Ld. CIT(A) has dismissed the appeal of the assessee in limine by not condoning the delay, we being fair to both the parties deem it appropriate to restore the issue raised on merits in the instant appeal to the file of Ld. CIT(A) for deciding afresh keeping into consideration the ratio laid down by the Hon’ble Bombay High Court in the case of CIT (Central) vs. Premkumar Arjunda (2107) 297 CTR 614 (Bombay). Needless to mention that proper opportunity of being heard shall be provided to the assessee. The assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Thus, effective grounds of appeal raised by the assessee are allowed for statistical purposes. ITA No.2225/PUN/2024 3 4. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 19th day of March, 2025. Sd/- Sd/- (MANISH BORAD) (S. S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 19th March, 2025. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The Addl/JCIT(A)-2, Delhi. 4. The Pr. CIT/CIT concerned. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “SMC” बᱶच, पुणे / DR, ITAT, “SMC” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "