SAHAKAR BHUSHAN VASANT SARVA SEVA SAHAKARI SOCIETY LTD,SANGLI V. ITO WARD-1, SANGLI, SANGLI

ITA 350/PUN/2025

AI Insights

The case involves Sahakar Bhushan Vasant Sarva Seva Sahakari Society Ltd., which appealed against the order of the CIT(A) confirming the denial of deduction under section 80P of the Income Tax Act amounting to Rs.12,95,254 due to the late filing of the income tax return for the Assessment Year 2022-23. The return was filed on 10.12.2022, past the extended due date of 07.11.2022. The assessee sought condonation for the delay under section 119(2)(b) of the Act, which was still pending at the time of the appeal. The Tribunal decided to remit the matter back to the Jurisdictional Assessing Officer to decide after the application for condonation was addressed.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837899 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2022-2023
• Appeal Filed On: 10-02-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: EKNATH ABHANG
• Assessee Lawyers: DEEPA KHARE
• Keywords: Condonation of delay; Reasonable cause

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “SMC”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.350/PUN/2025 Assessment Year : 2022-23 Sahakar Bhushan Vasant Sarva Seva Sahakari Society Ltd., Shinde Chowk, Mhaisal, Vijay Nagar, Mhaisal S.O., Sangli – 416409, Maharashtra PAN : AAAAV2175L Vs. Income Tax Officer, Ward-1, Sangli Appellant Respondent आदेश / ORDER The captioned appeal at the instance of assessee pertaining to the Assessment Year 2022-23 is directed against the order dated 30.12.2024 of Addl/JCIT(A)-1, Hyderabad passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) arising out of the Intimation Order dated 17.02.2023 passed u/s.143(1)(a) of the Act. 2. The sole grievance is that ld.CIT(A) has erred in confirming the action of the CPC denying deduction u/s.80P of the Act at Rs.12,95,254/- on account of delay in filing the return of income for A.Y. 2022-23. Assessee by : Smt. Deepa Khare Revenue by : Shri Eknath Abhang (Through Virtual) Date of hearing : 04.02.2026 Date of pronouncement : 16.02.2026 Printed from counselvise.com ITA No.350/PUN/2025 Sahakar Bhushan Vasant Sarva Seva Sahakari Society Ltd. 2 3. At the outset, ld. Counsel for the assessee submitted that there is a delay in filing the return of income for A.Y. 2022-23. Assessee has filed an application for condonation of delay u/s.119(2)(b) of the Act on 18.11.2025 and the correspondence is going between the Department and the assessee. Reference also made to the letter issued by the Department on 14.01.2026 asking the assessee to submit the detail of genuine hardship/reasons which prevented the assessee to file the return of income within the prescribed time limit. Prayer made to restore the issues to the file of ld. Jurisdictional Assessing Officer so that due disposal of the assessee’s application u/s.119(2)(b) of the Act is made by ld. JAO. 4. On the other hand, ld. Departmental Representative supported the order of ld.CIT(A). 5. I have heard the rival contentions and pursued the record placed before me. Admittedly, the assessee is a Cooperative Society and has filed the return of income for A.Y. 2022-23 on 10.12.2022 which is beyond the prescribed extended due date of 07.11.2022. Deduction u/s.80P of the Act under Chapter VIA at Rs.12,95,254/- has been denied on account of delay in filing the return of income and invoked section 80AC of the Act. Assessee has filed an application for condonation of delay u/s.119(2)(b) of the Act and the same is still pending before the income-tax authorities. Letter dated 14.11.2026 issued by the Income Tax Officer, Ward-1, Sangli asking the assessee to provide the detail of genuine Printed from counselvise.com ITA No.350/PUN/2025 Sahakar Bhushan Vasant Sarva Seva Sahakari Society Ltd. 3 hardship/reasons and also the copy of Audit Report to be furnished. I also observe that the assessee in its application dated 14.01.2026 has submitted that due to delay in getting the statutory audit of the society on account of objection by another auditor and upon the instruction of Joint Registrar the Audit Report has been finalised on 30.11.2022 and immediately thereafter assessee has filed the return of income. 6. Considering the reasons mentioned in the application and also considering the assessee’s application u/s.119(2)(b) of the Act is pending and that the assessee is quite hopeful to succeed in getting the delay in filing the return of income condoned, I deem it appropriate to remit the issues raised in the instant appeal about the claim of deduction under Chapter VIA/80P of the Act to the file of ld. Jurisdictional Assessing Officer for denovo adjudication to be carried out after disposing of the assessee’s application u/s.119(2)(b) of the Act. Needless to mention that ld.JAO shall decide the issue in accordance with law after providing reasonable opportunity of hearing to the assessee. Assessee is also directed to remain vigilant and make satisfactory compliance to the notice(s) of hearing issued by ld.JAO and should refrain from taking adjournments unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes. Printed from counselvise.com ITA No.350/PUN/2025 Sahakar Bhushan Vasant Sarva Seva Sahakari Society Ltd. 4 7. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on this 16th day of February, 2026. Sd/- (MANISH BORAD) ACCOUNTANT MEMBER पुणे / Pune; दिन ंक / Dated : 16th February, 2026. Satish आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : 1. अपील र्थी / The Appellant. 2. प्रत्यर्थी / The Respondent. 3. The Pr. CIT concerned. 4. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, “SMC” बेंच, पुणे / DR, ITAT, “SMC” Bench, Pune. 5. ग र्ड फ़ इल / Guard File. आिेश नुस र / BY ORDER, // True Copy // Assistant Registrar आयकर अपीलीय अधिकरण, पुणे / ITAT, Pune Printed from counselvise.com "