THE TIVIM SIRSAIM M P CO OP SERVICE SOCIETY LIMITED,THIVIM GOA vs. AO WARD 2(1) PANAJI, PANAJI GOA

Facts of the case, in brief, are that the assessee is a credit cooperative society engaged in the activity of accepting deposits and providing credit facilities to its members and claiming deduction u/s 80P(2)(a)(i) of the IT Act with regard to its income which is attributable to the banking business. As per the intimation order dated 26.01.2019, which is furnished in the paper book page no.3, the original return of income was furnished by the assessee on 22.06.2018 and as per the rectified intimation order dated 28.05.2024 (annexed with the memo of appeal) the return of income was filed by the assessee on 22.02.2018. The claim of the assessee was denied by CPC and the assessee filed an appeal before Ld. CIT(A). After considering the reply and submissions of the assessee, Ld. CIT(A) dismissed the appeal filed by the assessee and denied the claim of deduction u/s 80P(2)(a)(i) of the IT Act by referring section 80A(5) of the IT Act since the return of income was not furnished within the prescribed time limit.

It is the above order against which the assessee is in appeal before this Tribunal. 4. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper book furnished by the assessee. In this regard, we find that with the memo of appeal rectified intimation order dated 28.05.2024 passed u/s 154 of the IT Act is annexed wherein date of filing of return has been mentioned as 22.02.2018 and due date for filing original return has been mentioned as 31.10.2017 and in the paper book furnished by the assessee intimation order dated 26.01.2019 passed u/s 143(1) of the IT Act is annexed, wherein due date for filing original return is mentioned as 05.08.2017. However, we find that Ld. CIT(A) has passed first appellate order against the intimation order passed u/s 154 dated 26.05.2024 by KAR-W-(511)(91) for assessment year 2017-18.

For the sake of convenience, we produce first page of both the Intimation orders passed by CPC reflecting different dates :-

In the light of above facts and different dates for filing return of income reflecting in different intimation orders for the same assessment year, we are unable to draw any inference, therefore, we deem it appropriate to set-aside the order passed by Ld. CIT(A) and restore the matter to the file of Jurisdictional Assessing Officer to pass assessment order afresh and as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also hereby directed to respond to the notices issued by the Jurisdictional Assessing Officer in this regard and to produce relevant documents, submissions and evidences, if any, in support of its contentions without taking any adjournment under any pretext, otherwise the Jurisdictional Assessing Officer shall be at liberty to pass appropriate orders as per law. Thus, the grounds of appeal raised by the assessee are allowed for statistical purposes.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on this 19th day of August, 2026.