NELLIKKAPARAMBA AGRICULTURAL AND WORKERS WELFARE CO-OPERATIVE SOCIETY LIMITED D 3065,KOZHIKODE V. ITO, WARD 2(3), KOZHIKODE

ITA 991/COCH/2024

AI Insights

The case involves the Nellikkaparamba Agricultural and Workers Welfare Co-op. Society Ltd., which appealed against the order of the National Faceless Appeal Centre (NFAC), Delhi, for the Assessment Year 2018-19. The society had filed a return of income claiming a deduction under section 80P of the Income Tax Act, 1961, which was initially denied by the CPC on the grounds of belated filing. The society argued that due to the devastating floods in Kerala in August 2018, their return should be considered timely as per the CBDT instruction dated 27.02.2019. The Tribunal agreed with this submission and remitted the matter back to the CPC for appropriate rectification.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 31260 (ITAT-COCHIN)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL
• Assessee Lawyers: JOHNSON GEORGE
• Keywords: Set aside
• Section: 154; 143(1); 80P; 119(2)(b)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM ITA No. 991/Coch/2024 Assessment Year: 2018-19 Nellikkaparamba Agricultural and Workers .......... Appellant Welfare Co-op. Society Ltd. Nellikkaparamba, Mukkam P.O. Kozhikode 673602 [PAN: AACAN4104B] vs. The Income Tax Officer .......... Respondent Ward - 2(3), Kozhikode Appellant by: Shri Johnson George, CA Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 05.02.2025 Date of Pronouncement: 19.02.2025 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 25.11.2024 for Assessment Year (AY) 2018-19. 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 appellant filed the return of income for AY 2018-19 on 24.09.2018 disclosing Nil income after claiming deduction u/s. 80P of the Income Tax Act, 1961 (the Act) of Rs. 7,22,972/-. The said return of income was processed by the CPC u/s. 143(1) of the Act vide intimation 2 ITA No. 991/Coch/2024 Nellikkaparamba Agricultural and Workers Welfare Co-op. Society Ltd. dated 09.08.2019 denying the deduction u/s. 80P on the ground that the return of income was filed belatedly. 3. Being aggrieved by the said intimation, a petition seeking rectification of the intimation was made vide application dated 09.06.2020. The said application came to be disposed of vide order passed u/s. 154 of the Act on 11.07.2020 confirming the disallowance u/s. 80P(2)(a)(1) of the Act. 4. Being aggrieved by the above, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 5. Being aggrieved, the appellant is in appeal before us in the present appeal. 6. It is submitted that the CBDT vide instruction dated 27.02.2019 issued u/s. 119(2)(b) of the Act directed that all the return of income and reports of audit which are filed till 02.08.2019 are deemed to have been filed by 31.10.2018 in case of tax payers of Kerala following the devastating floods in the month of August, 2018. Therefore, in the light of this instruction, the return of income cannot be considered as belatedly filed. Therefore, the matter may be set aside to the AO to pass appropriate order rectifying the order passed u/s. 154 of the Act. 7. The learned Sr. DR did not express any objection to the above submission. 8. In the light of the above facts and circumstances I remit the matter back to the file of the CPC to amend the rectification considering the 3 ITA No. 991/Coch/2024 Nellikkaparamba Agricultural and Workers Welfare Co-op. Society Ltd. instruction issued by the CBDT treating all the returns of income filed by 02.08.2014 were treated as filed by 31.10.2018. 9. In the result, the appeal filed by the assessee stands partly allowed. 10. Order pronounced in the open court on 19th February, 2025. Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 19th February, 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. 991/Coch/2024 Nellikkaparamba Agricultural and Workers Welfare Co-op. Society Ltd. S.No. Details Date Initials Designation 1 Draft dictated on 05.02.2025 Sr. PS/PS 2 Draft placed before author 06.02.2025 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 "