F.T. 101 VILLUPURAM DISTRICT NON AGRICULTURAL COOPERATIVE SOCIETIES EMPLOYESS COOP THRIFT & CREDIT S,VILLUPURAM vs. INCOME TAX OFFICER, VILLUPURAM

There is a delay of 643 days in filing the present appeal. The Secretary of the assessee-society has filed an affidavit explaining the reasons for the delay and seeking condonation thereof. It has been submitted that the assessee-society was not aware of the disposal of the faceless appellate proceedings and did not receive the physical copy of the order passed by the CIT(A). It was further submitted that, owing to lack of technical familiarity, the order could neither be accessed nor downloaded from the e-filing portal. The assessee- society came to know about the order only when its representatives visited the office of the Chartered Accountant for filing the return of income for the subsequent assessment year. On perusal of the reasons stated, we are of the view that no latches can be attributed to the assessee as there is sufficient cause for belated filing of this appeal. Hence, we condone the delay and proceed to dispose off the appeal on merits.

Brief facts of the case are as follows: The brief facts of the case are that the assessee is a co-operative credit society regeistered

Aggrieved, assessee filed appeal before the First Appellate Authority (FAA). After considering the submissions of the assessee, the FAA confirmed the order of the AO.

Aggrieved by the order of the FAA, the assessee has filed the present appeal before the Tribunal. The Ld.AR submitted that the assessee has filed a condonation petition dated nil before the CCIT, Chennai u/s.119(2)(b) of the Act praying for condonation of delay in filing return of income u/s.139(1) of the Act, which is presently pending for consideration. The Ld.AR also placed on record a copy of the said condonation petition along with the postal acknowledgment evidencing his submission. It was further

The Ld.DR supported the order of the FAA.

We have heard rival submissions and perused the material on record. The assessee had approached the Competent Authority u/s.119(2)(b) of the Act for condonation of delay in filing return of income u/s.139(1) of the Act. The assessee’s application for condonation of delay u/s.119(2)(b) of the Act has a direct bearing as regards the claim of deduction u/s.80P of the Act. In event the competent authority condones the delay in filing the return of income filed by the assessee necessarily the claim of deduction u/s.80P of the Act has to be considered on merits by the concerned AO. Since the assessee’s application of condonation of delay in filing the return of income is pending consideration before the Competent Authority, we deem it appropriate to restore the case to the files of the AO. The AO is directed to pass afresh order after the

In the result, the appeal filed by the assessee is allowed for statistical purposes.