THALIGAI PRIMARY CO OP CREDIT SOCIETY LTD,NAMAKKAL V. INCOME TAX OFFICER , WARD II

ITA 542/CHNY/2025

AI Insights

The case involves M/s. Thaligai Primary Co-Op Credit Society Ltd., a primary agricultural co-operative credit society, which appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi. The appeal was related to the denial of a deduction claimed under section 80P of the Income Tax Act for the assessment year 2019-20. The deduction was denied because the assessee did not file its return of income within the due date, as mandated by section 80AC(ii) of the Act. The First Appellate Authority dismissed the assessee's appeal without adjudicating on merits due to non-response to hearing notices. The Tribunal, after hearing the arguments, confirmed the denial of the deduction and dismissed the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 706001 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-07-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Assessment Year: 2019-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAMANTHA MULLAMUDI
• Assessee Lawyers: ANAND
• Keywords: Co-operative Credit Society

Judgement Text

"आयकर अपीलीय अिधकरण, ‘ए’ (एस एम सी), ᭠यायपीठ,चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ (SMC) BENCH, CHENNAI ᮰ी जॉजᭅ जॉजᭅ, उपा᭟यᭃ के समᭃ BEFORE SHRI GEORGE GEORGE K, VICE PRESIDENT आयकर अपील सं./ITA No.: 542/CHNY/2025 िनधाᭅरण वषᭅ/Assessment Year: 2019-20 M/s. Thaligai Primary Co-Op Credit Society Ltd., Thaligai, Thaligai Post – 637 001. PAN: AACAT 4757E Vs. The Income Tax Officer, Ward II, Salem (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Shri Anand, CA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Smt. Samantha Mullamudi, Addl.CIT सुनवाई कᳱ तारीख/Date of Hearing : 26.06.2025 घोषणा कᳱ तारीख/Date of Pronouncement : 01.07.2025 आदेश/ O R D E R This appeal filed at the instance of the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 05.12.2024 passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2019-20. ITA No.542/Chny/2025 :- 2 -: 2. Brief facts of the case are as follows: The assessee is a primary agricultural co-operative credit society registered under the Tamil Nadu Co-operative Societies Act. For the assessment year 2019-20, the assessee did not file its return of income u/s.139(1) of the Act. The Department had information that assessee had made cash deposits in its bank account during the relevant assessment year. The AO issued notice u/s.148 of the Act on 30.03.2023. In response to the notice issued u/s.148 of the Act, the assessee filed its return of income on 21.12.2023 declaring ‘nil’ income after claiming deduction u/s.80P of the Act of Rs.4,21,957/-. The assessment was completed u/s.147 r.w.s. 144B of the Act, wherein the claim of deduction u/s.80P of the Act was denied. The reason for denying the claim of deduction was that assessee had not filed the return of income within the due date specified and in view of provisions of section 80AC(ii) of the Act, deduction u/s.80P of the Act cannot be allowed. 3. Aggrieved assessee filed appeal before the First Appellate Authority (FAA). The FAA dismissed the appeal in-limine without adjudicating on merits, since the assessee did not respond to the various hearing notices issued from the office of the First Appellate Authority. ITA No.542/Chny/2025 :- 3 -: 4. Aggrieved the assessee filed the present appeal before the Tribunal. The Ld.AR for the assessee submitted that delay condonation application filed u/s.119(2)(b) of the Act for condoning the delay in filing the return of income before the concerned authority has been rejected. 5. The Ld.DR was duly heard. 6. I have heard rival submissions and perused the material on record. The assessee is a co-operative society and had claimed deduction u/s.80P of the Act. The claim of deduction u/s.80P of the Act was denied for the reason that return of income was not filed within the due date prescribed. In view of the clear provisions of section 80AC(ii) of the Act, the assessee is not entitled to deduction u/s.80P of the Act, since the return of income was not filed within the due date. It is ordered accordingly. 7. In the result, the appeal filed by the assessee is dismissed. Order pronounced in the open court on 1st July, 2025 at Chennai. Sd/- ((जॉज[ जॉज[ क े) (GEORGE GEORGE K) उपाÚय¢ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 1st July, 2025 ITA No.542/Chny/2025 :- 4 -: RSR आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy to: 1. अपीलाथȸ/Appellant 2. Ĥ×यथȸ/Respondent 3. आयकर आयुÈत /CIT, Salem 4. ͪवभागीय ĤǓतǓनͬध/DR 5. गाड[ फाईल/GF. "