THE SHIRGUPPI L S M P COOPERATIVE SOCIETY LIMITED,BELAGAVI vs. ASSESSMENT UNIT INCOME TAX DEPARTMENT, BELAGAVI
What did the Tribunal hold?
The Tribunal, in the interest of justice, granted the assessee one more opportunity to present its case before the CIT(A). The impugned order of the CIT(A) was set aside.
What were the facts?
The assessee, a cooperative society, claimed deduction under Section 80P. The Assessing Officer disallowed the deduction, and the assessee's appeal before the CIT(A) was dismissed for non-prosecution. The assessee then appealed to the ITAT.
What were the issues?
Whether the assessee should be granted another opportunity to prosecute its appeal before the CIT(A) after it was dismissed for non-prosecution.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PANAJI BENCH, ‘SMC’ PANAJI
Before: DR.MANISH BORAD & SHRI VINAY BHAMORE
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The captioned appeal at the instance of assessee pertaining to A.Y. 2020-21 is directed against the order dated 28.09.2024 framed by National Faceless Appeal Centre, Delhi arising out of Assessment Order dated 21.09.2022 passed u/s.143(3) r.w.s.144B of the Income Tax Act, 1961 (in short ‘the Act’).
The grievance of the assessee revolves around the disallowance u/s.80P(2)(a)(i) of the Act at Rs.18,20,784/-.
At the outset, ld. Counsel for the assessee submitted that due to unavoidable circumstances there was non compliance before ld.CIT(A) which resulted into dismissal of assessee’s
2 The Shiruguppi L S M P Cooperative Society limited
appeal for non-prosecution. A prayer is made for providing one more opportunity to the assessee to go before ld.CIT(A) and substantiate its grounds of appeal.
Ld. DR supported the order of ld.CIT(A) and submitted that despite ample opportunity provided to the assessee, there was non-compliance from the side of assessee and therefore the assessee’s appeal deserves dismissal.
We have heard the rival submissions and perused the record placed before us. We note that the assessee is a Primary Agricultural Cooperative Society registered with The Karnataka Cooperative Societies Act, 1959. It is engaged in in the business of providing credit facilities to its Members in the form of Kissan Credit Loans. Return of income for A.Y. 2020- 21 was filed on 10.01.2021 declaring nil income after claiming deduction u/s.80P of the Act. Case selected for scrutiny under CASS following by validly service u/s.142(1) of the Act and the assessee filed requisite details before the Assessing Officer. On due consideration of the replies furnished by the assessee, ld. Assessing Officer disallowed the deduction u/s.80P of the Act at Rs.18,20,784/-. Assessee carried the matter before ld.CIT(A) but failed to succeed due to non- compliance. Now the assessee is in appeal before us assailing the impugned order passed by ld.CIT(A).
Considering the factual matrix in the instant case, prayer made by the assessee and in the larger interest of justice, we deem it appropriate to give one more opportunity to the assessee to go before ld.CIT(A) and adduce evidences in support of its grounds of appeal. Needless to mention that 3 The Shiruguppi L S M P Cooperative Society limited
ld.CIT(A) in the set aside proceedings shall afford reasonable opportunity to the assessee and consider the documents to be filed by the assessee. Assessee is directed to provide updated email id and contact detail to the department for receiving the notices from ITBA portal. Assessee is also directed to remain vigilant and not to take adjournment unless otherwise required for reasonable cause. Impugned order is set aside and the effective grounds of appeal raised by the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on this 28th day of July, 2026. (VINAY BHAMORE) ACCOUNTANT MEMBER Panaji/Pune; दिन ांक / Dated : 28th July, 2026. Satish Satish Kumar Madishetty Date: 2026.07.29 10:41:17 +05'30'
4 The Shiruguppi L S M P Cooperative Society limited
आदेश की प्रतिलिपि अग्रेपिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent.
The Pr. CIT concerned. विभ गीय प्रतितनधि, आयकर अपीलीय अधिकरण, Panaji 4. ‘SMC’ Bench / DR, ITAT, Panaji ‘SMC’ Bench ग र्ड फ़ इल / Guard File. 5. आिेश नुस र / BY ORDER,
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- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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