THE SONEPAT CENTRAL CO-OPERATIVE BANK LTD,SONEPAT V. ACIT,CIRCLE, SONEPAT

ITA 2450/DEL/2025

AI Insights

The case involves The Sonepat Central Co-operative Bank Ltd., which appealed against the order of the Commissioner of Income-tax (Appeals), NFAC, Delhi, concerning an assessment order passed under section 143(3) of the Income-tax Act, 1961 by the DCIT, Cir. Sonepat. The appeal was initially delayed significantly due to internal management changes and lack of awareness about the proceedings until a demand was raised. The Tribunal found merit in the reasons provided for the delay and decided to condone it, restoring the matter to the CIT(A)/NFAC for a comprehensive re-evaluation.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 786185 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 15-04-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JITENDER SINGH
• Assessee Lawyers: ANKIT KUMAR
• Section: 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.2450/Del/2025 Assessment Year : 2016-17 The Sonepat Central Co-operative Bank Ltd., Tika Ram Road, Mission Road, Sonepat – 131 001, Haryana. PAN: AAAAT4236C Vs. ACIT, Cir. Sonepat, Sonepat. Assessee by : Shri Ankit Kumar, Advocate Revenue by : Shri Jitender Singh, CIT-DR Date of Hearing : 27.10.2025 Date of Pronouncement : 30.10.2025 ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Assessee against the order dated 28.07.2023 of the Ld. Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the First Appellate Authority or ‘the ld. FAA’ for short) in appeal No.CIT(A), Rohtak/10364/2018-19, filed before him against the order dated 21.12.2018 passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’) by the DCIT, Cir. Sonepat (hereinafter referred to as the Ld. AO, for short). 2. On hearing both the sides, we find that the impugned order has been passed by the NFAC by mentioning that the notices were issued to the assessee Printed from counselvise.com ITA No.2450/Del/2025 2 for hearing, but, no submissions were filed. We find that the appeal before this Tribunal is also filed with the delay and an application for condonation of the delay has been filed along with an affidavit of one Shri Jai Prakash Soni, General Manager, explaining the reasons for the delay. Although the delay is of a substantial period of 563 days, but, we find that the assessee is a cooperative society and between 13.06.2023 and 10.07.2025, there has been change of five persons designated as General Manager who were responsible for the affairs of the cooperative society. In the application filed and the affidavit enclosed it has been deposed that until the demand was raised, the cooperative society was not aware of the proceedings. It appears that there has been some negligence on the part of the authorities representing the interest of the cooperative society. However, they should not prove fatal as the cooperative society represents interests of its members who are primarily agriculturists. Thus, we consider it an appropriate case to condone the delay before this Tribunal and after admitting the appeal the issues on merits are restored to the files of ld.CIT(A)/NFAC to give a fresh opportunity of hearing to the assessee and pass an order afresh. Order pronounced in the open court on 30.10.2025. Sd/- Sd/- (RIFAUR RAHMAN) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 30th October, 2025. dk Printed from counselvise.com ITA No.2450/Del/2025 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi Printed from counselvise.com "