VADAMUGAM KANGAYAMPALAYAM PRIMARY AGRI CO OP CREDIT SOCIETY LTD,TIRUPUR V. THE INCOME TAX OFFICER, WARD 1(2) TIRUPUR, TIRUPUR

ITA 1202/CHNY/2025

AI Insights

The case involves the Vadamugam Kanagayampalayam Primary Agricultural Co-operative Credit Society, which appealed against the order of the Learned Additional Commissioner of Income Tax (Appeals) confirming the disallowance of a deduction claimed under Section 80P of the Income Tax Act, 1961. The deduction of Rs. 13,83,320 was initially disallowed by the Centralized Processing Center, Bengaluru, on the grounds that the return was filed beyond the due date prescribed under Section 139(1) of the Act. The assessee's appeal to the Learned Additional Commissioner was unsuccessful, leading to the current appeal. The Tribunal noted that a condonation petition regarding the delay in filing the return was pending and not considered by the Learned Additional Commissioner, leading to the decision to remand the case for fresh consideration post the decision on the condonation petition.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669491 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2022-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR
• Assessee Lawyers: A. VIJAYALAKSHMI; C.A
• Keywords: Condonation of delay; Set aside; Co-operative Credit Society
• Section: 119(2)(b)

Judgement Text

"आयकर अपीलीय अिधकरण, ‘डी’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘D’ BENCH: CHENNAI \u0019ी यस यस िव ने रिव, \u0011ा ियक सद एवं \u0019ी जगदीश, लेखा सद क े सम( BEFORE SHRI SS VISWANETHRA RAVI, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.1202/Chny/2025 िनधा 8रण वष8 /Assessment Year: 2022-23 Vadamugam Kanagayampalayam Primary Agricultural Co-operative Credit Society, Vadamugam Kangayapalayam, Kasthuripalayam (P.O), Vijayamangalam (via), Uthukuli (Tk.), Tiruppur – 638 751. [PAN: AABAV 0216F] Vs. The Income Tax Officer, Ward-1(2), Tirupur. (अपीलाथ\u0007/Appellant) (\b यथ\u0007/Respondent) अपीला थE की ओर से/ Appellant by : Shri A. Vijayalakshmi, C.A GHथE की ओर से /Respondent by : Shri Vijay Kumar, JCIT सुनवा ई की ता रीख/Date of Hearing : 17.06.2025 घोषणा की ता रीख /Date of Pronouncement : 26.06.2025 आदेश / O R D E R PER JAGADISH, A.M: Aforesaid appeal filed by the assessee for Assessment Year (A.Y) 2022-23 arises out of the order of Learned Commissioner of Income Tax, Appeal, Addl./JCIT(A)-1, Noida [hereinafter “Addl. CIT(A)”] dated 29.03.2025 in the matter of intimation dated 23.12.2023 issued by Centralized Processing Center, Bengaluru (CPC) u/s. 143(1) of the Income-tax Act, 1961 (hereinafter “the Act”). ITA No.1202/Chny/2025 Vadamugam Kanagayampalayam PACCS Ltd. :- 2 -: 2. The only effective ground of appeal in this appeal of assessee is against the order of Ld. Addl. CIT(A) in confirming the disallowances of Rs.13,83,320/- claimed u/s. 80P of the Act. 3. The assessee is a Primary Agricultural Co-operative Society, incorporated under the Tamilnadu Co-operative Societies Act, 1983 and filed its return of income for A.Y 2022-23 on 08.02.2023 u/s. 139(8A) of the Act. The assessee in the return of income has claimed deduction u/s. 80P of the Act of Rs.13,83,320/-. However, the CPC, Bengaluru through intimation u/s. 143(1) of the Act, disallowed the claim on the ground that the return was filed beyond the due date prescribed u/s 139(1) of the Act. Aggrieved, the assessee filed an appeal before the Ld. Addl. CIT(A). The Ld. Addl. CIT(A) has confirmed the disallowance observing that the return was not filed within the due date and as per Section 80AC of the Act, the deduction u/s. 80P of the Act was not allowable. 4. Before us, the Learned Authorized Representative (AR) submitted that the assessee has already filed a petition u/s. 119(2)(b) of the Act before the CCIT, Coimbatore, seeking condonation of delay in filing the return of income. The said petition is currently pending. It ITA No.1202/Chny/2025 Vadamugam Kanagayampalayam PACCS Ltd. :- 3 -: was submitted that the Ld. CIT(A) proceeded to decide the matter without considering the pendency of the condonation petition. Accordingly, it was requested that the order of the Ld. CIT(A) be set aside and the matter be restored for fresh consideration after the decision of the CCIT. 5. On the other hand, the Ld. Departmental Representative (DR), has relied on the orders of lower authorities. 6. We have heard the rival submissions, and perused the materials available on record. The Ld. Addl. CIT(A) has confirmed the disallowance of the claim of deduction u/s 80P of the Act on the ground that the return was not filed within the due date prescribed, and therefore, in light of Section 80AC of the Act, the deduction was not allowable. However, the assessee has submitted that a condonation petition u/s. 119(2)(b) of the Act has been filed and is pending before CCIT, Coimbatore. The Ld. Addl. CIT(A) did not take note of this fact into account while deciding the appeal. The assessee has submitted that the delay in filing the return was attributed to the fact that the appointed auditor had not completed the audit by the due date. Since, the assessee has filled a condonation petition, which is still pending, ITA No.1202/Chny/2025 Vadamugam Kanagayampalayam PACCS Ltd. :- 4 -: we are of the view that the matter requires reconsideration. In view of above, we remand the matter back to the file of Ld. Addl. CIT(A) for deciding the appeal after the decision of the CCIT, Coimbatore. In view of the above, the appeal filed by the assessee is allowed for statistical purposes only. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 26th day of June, 2025 at Chennai. Sd/- Sd/- (यस यस िव ने रिव) (SS Viswanethra Ravi) \u0001याियक \u0001याियक \u0001याियक \u0001याियक सद\bय सद\bय सद\bय सद\bय / Judicial Member (जगदीश) (Jagadish) लेखा लेखा लेखा लेखा सद\u0011य सद\u0011य सद\u0011य सद\u0011य /Accountant Member चे\u0013नई/Chennai, \u0016दनांक/Dated: 26th June, 2025. EDN/- आदेश क\u0019 \bितिल प अ े षत/Copy to: 1. अपीलाथ\u0007/Appellant 2. \b थ\u0007/Respondent 3. आयकर आयु\u000f/CIT, Coimbatore 4. िवभागीय \bितिनिध/DR 5. गाड\u0018 फाईल/GF "