PRAKASH BAPU PATIL GRAMIN BIGAR SHETI SAHAKARI PAT SANSTHA LTD.,SANGLI vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE, SANGLI, SANGLI

Briefly stated, the facts of the case are that the assessments in the instant cases were concluded by not allowing deduction u/s 80P of the Income-tax Act, 1961 (hereinafter also called „the Act‟) in respect of interest income. The assessee preferred appeals before the ld. CIT(A), which were delayed by 5-6 months. On being show caused as to why the appeals were belated, the assessee submitted that notice of demand was received in respect of the appeal for A.Y. 2014- 15 on 01.09.2022 and the appeal was filed on 26.09.2022. Similar submissions were advanced qua the other two appeals as well. The ld. CIT(A) held that the appeals ought to have been filed within 30 days from the date of receipt of the respective assessment orders and not w.r.t. the date of notice of demand. He, therefore, did not condone the delay and dismissed the appeals in limine. Aggrieved thereby, the assessee has come up before the Tribunal.

Having heard the rival submissions and perused the material on record, it is seen that the ld. CIT(A) dismissed the appeals because of the delay. The ld. AR submitted that the assessee is a co-operative society situated in a rural area. Apart from the facts stated before the ld. first appellate authority, he submitted that there were other bona fide reasons also for the late filing of the appeals. It was, therefore, prayed that an another opportunity may be given to the assessee to adduce such reasons before ld. CIT(A) in support of the condonation of the delay. In view of the peculiar facts of the instant cases, I am of the considered opinion that the ends of justice would be adequately met if the impugned orders are set aside and the matter is restored to the file of the ld. CIT(A). I order accordingly and direct him to give opportunity to the assessee for explaining the reasons for the belated filing of the appeals and thereafter proceed as per law.

In the result, all three appeals are allowed for statistical purposes. Order pronounced in the Open Court on 18th December, 2023. Sd/- (R.S.SYAL) उपाध्यक्ष/ VICE PRESIDENT पुणे Pune; ददिधांक Dated : 18th December, 2023 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: अपीलार्थी / The Appellant; 1. 2. प्रत्यर्थी / The Respondent 3. The concerned Pr.CIT, Pune 4. DR, ITAT, „SMC‟ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune