THE BANK EMPLOYEES COOPERATIVE CREDIT SOCIETY,KOZHIKODE V. ITO, WARD 1(3), KOZHIKODE

MA 112/COCH/2025

AI Insights

The case involves the Bank Employees Co-op. Credit Society, which filed a miscellaneous application seeking recall of an order passed by the Income Tax Appellate Tribunal. The original order had confirmed the disallowance of a deduction claim under section 80P of the Income Tax Act, 1961, based on the return not being filed within the prescribed due date. However, the appellant argued that the return was filed within an extended due date announced by the CBDT due to natural calamities. The Tribunal, upon reviewing the CBDT circular and the circumstances, agreed to recall the previous order and allowed the deduction.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 792296 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-12-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 10-09-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LEENA LAL

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI INTURI RAMA RAO, AM AND SHRI ANIKESH BANERJEE, JM MA No. 112/Coch/2025 (Arising out of ITA No. 170/Coch/2025) (Assessment Year: 2018-19) Bank Employees Co-op. Credit Society .......... Applicant 11/45A Kuriyal Lane, Kozhikode 673001 [PAN: AABAT2177P] vs. The Income Tax Officer, WD-1(3), Kozhikode .......... Respondent Applicant by: Shri Richard Mathew, CA Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 31.10.2025 Date of Pronouncement: 01.12.2025 O R D E R Per: Inturi Rama Rao, AM The present Miscellaneous Application (MA) is filed by the appellant co-operative society seeking recall of the order passed by this Tribunal in ITA No. 170/Coch/2025 dated 23.04.2025 for assessment year (AY) 2018-19 on the ground that due date for filing the return of income for AY 2018-19 was extended up to 28.02.2019 by CBDT vide circular F.No. 225/15/2019/ITA.II dated 27.02.2019 whereas the return of income was filed by the appellant on Printed from counselvise.com 2 MA No. 112/Coch/2025 Bank Employees Co-op. Credit Society 04.01.2019, which was well within the extended due date of 28.02.2019. Therefore, the order passed by the Tribunal may be recalled and disposed of. 2. On the other hand, the learned Sr. DR had no serious objection on the above submission. 3. We have heard the rival contentions and perused the material available on record. This Tribunal while disposing the appeal had confirmed the disallowance of claim for deduction u/s. 80P of the Income Tax Act, 1961 (the Act) solely on the ground that the return of income was not filed within the due date prescribed u/s. 139(1) of the Act. However, not it is brought to our notice that the CBDT vide circular F.No. 225/15/2019/ITA.II dated 27.02.2019 had extended the due date for filing the return of income upto 28.02.2019 in view of the flood situation in Kerala. Since the Tribunal had passed the impugned order in ignorance of the CBDT circular extending the due date, we are of the considered opinion that it is a fit case to recall the order and dispose of the appeal on merits. The findings of the Tribunal in ITA No. 170/Coch/2025 are reversed and since the return of income was filed within the due date extended by CBDT, the AO is directed to allow the deduction u/s. 80P of the Act. Printed from counselvise.com 3 MA No. 112/Coch/2025 Bank Employees Co-op. Credit Society 3. In the result, the assessee’s miscellaneous application and the appeal in ITA No. 170/Coch/2024 stand allowed. Order pronounced in the open court on the conclusion of the hearing. Sd/- Sd/- (ANIKESH BANERJEE) JUDICIAL MEMBER (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 1st December, 2025 n.p. Copy to: 1. The Applicant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File Assistant Registrar ITAT, Cochin Printed from counselvise.com "