THE GOVERNMENT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED BHARUCH,BHARUCH vs. ITO WARD 1(1) BHARUCH, BHARUCH

ITA 155/SRT/2026Status: DisposedITAT Surat27 July 2026AY 2020-216 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in dismissing the appeal without deciding on merits, especially when the delay was claimed to be bona fide. The case was restored to the CIT(A) for adjudication on the substantive issues.

What were the facts?

The assessee, a co-operative credit society, claimed a deduction under Section 80P(2) of the Income Tax Act. The Assessing Officer disallowed a portion of this deduction, treating interest from investments outside the main business as 'income from other sources'. The assessee's appeal to the CIT(A) was dismissed in limine due to a delay in filing.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal solely on the ground of delay without considering the merits, and whether the deduction under Section 80P was correctly disallowed by the AO.

Which sections of the Income-tax Act were involved?

Section 80P,Section 56,Section 249(3),Section 249(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH (SMC

Before: Shri T. R. Senthil Kumar & Shri Ratnesh Nandan Sahay

For Appellant: Shri Niraj A Surti, C.A
For Respondent: Ms. Neerja Sharma, Sr. DR
Hearing: 08/05/2026Pronounced: 27/07/2026

PER: RATNESH NANDAN SAHAY, AM:

1.

This is an appeal filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi [In short, ‘the ld. CIT(A)’] dated 23/12/2025 for the assessment year (AY) 2020-21 wherein the assessee has raised following grounds of appeal:

"

1.

The Id. CIT (Appeals) NFAC has erred in law and on facts in refusing to condone the delay of 92 days in filing the appeal and in dismissing the appeal in limine, without appreciating the bona fide reasons explained by the appellant, particularly when the delay was neither intentional nor deliberate. There is a v

The order continues below.

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