POLPULLY AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY LTD,POLPULLY vs. INCOME TAX OFFICER, PALAKKAD

ITA 1050/COCH/2025Status: DisposedITAT Cochin10 August 2026AY 2019-203 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the Assessing Officer to await the decision on the assessee's application for condonation of delay in filing the return. If the delay is condoned, the return and the claim for deduction will be considered as per law.

What were the facts?

The assessee, a cooperative society, failed to file its return of income under section 139(1) and claimed deduction under section 80P only after a notice under section 148 was issued. The Assessing Officer denied the deduction, and this was confirmed by the CIT(A).

What were the issues?

Whether the assessee is entitled to claim deduction under section 80P when the return was filed belatedly in response to a notice under section 148, and if the delay in filing the return can be condoned.

Which sections of the Income-tax Act were involved?

Section 80P,Section 139,Section 147,Section 148,Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: SHRI PRASHANT MAHARISHI, VICE – & SHRI KESHAV DUBEY

For Respondent: Ms. Neethu S, Snr DR

Heard together (2 matters)

S.A. No. 2/Coch/2026
ITA No. 1050/Coch/2025

Read from the judgment's own cause title. This page is filed under one of them.

PER PRASHANT MAHARISHI, VICE – PRESIDENT

1.

This stay application has been filed by Polpully Agricultural Improvement Cooperative Society Ltd. seeking a stay of demand of ₹39,81,568 arising from the assessment order passed under section 147 of the Income Tax Act on 6 March 2025 for assessment year 2019–20. The demand was confirmed by the learned CIT(A) by order dated 16 October 2025, on the ground that the deduction under section 80P was denied to the assessee for non-filing of the return of income under section 139(1) of the Income Tax Act.

2.

The facts show that the assessee

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 80P

All 5,069 judgments and leading authorities on Section 80P →

Recent GST High Court judgments

Search GST case law →