FC2751CDMTKCOOPINSTEMCS,CHIDAMBARAM vs. INCOME TAX OFFICER, CUDDALORE

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ITA 2241/CHNY/2026Status: DisposedITAT Chennai22 July 2026AY 2019-20203 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the assessee had filed an application to condone the delay in filing the return. Therefore, the matter was restored to the Assessing Officer to await the decision on the condonation application.

What were the facts?

The assessee, a cooperative society, claimed deduction under Section 80P. The return of income was filed belatedly due to a delayed statutory audit. The CPC disallowed the deduction under Section 80P, and the CIT(A) confirmed this based on Section 80AC.

What were the issues?

Whether the deduction under Section 80P can be allowed when the return of income is filed belatedly, and if the delay can be condoned.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80AC,Section 139(1),Section 119(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI GAGAN GOYAL

Hearing: 17.06.2026

आयकर अपीलीय अिधकरण ’सी’ �ायपीठ, चे�ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI �ी एबी टी. वक�, �ाियक सद� एवं �ी गगन गोयल, लेखा सद�य के सम� BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER

ITA. 2241/Chny/2026 �नधा�रणवष�/Assessment Year: 2019-20 FC2751CDMTKCOOPINSTEMCS VS Income Tax Officer, 185/13 MYM FAISAL TOWER Cuddalore WEST CAR STREET, Chidambaram, Cuddalore - 608001 [PAN: AAAAF 4557 A] (अपीलाथ�/Appellant/Revenue) (��यथ�/Respondent) : अपीलाथ� की ओर से/ Appellant by Mr. C. Karthick : ��थ� की ओर से /Respondent by Mr. Chilakamarthi Vijay Raju, Addl. CIT : सुनवाईक�तार�ख/Date of Hearing 17.06.2026 : घोषणाक�तार�ख /Date of 22.07.2026 Pronouncement आदेश / O R D E R PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee-Cooperative Employees Co-operative Thrift and Credit Society against the order of the Learned Commissioner of Income Tax (Appeal)/Addl./JCIT(A), Ahmedabad (hereinafter referred to as ‘Ld.CIT(A)’), dated 26.02.2024 for the Assessment Year (hereinafter referred to as ‘AY’) 2019-20. 2. Brief facts of the case are that the assessee is an Employees Co- operative Thrift Credit Society which had filed its return of income for

ITA No.2241/Chny/2026 (AY 2019-20) FC2751CDMTKCOOPINSTEMCS :: 2 :: AY.2019-20 on 30.11.2020. The assessee is noted to be engaged in extending credit facility exclusively to the members of this society, who are working with various Co-operative institutions at Chidambaram Taluk, Cuddalore District. The assessee being a Co-operative Society extending credit facility to its members, it claimed that its income was eligible for deduction u/s.80P of the Income-Tax Act, 1961 (hereinafter referred to as ‘the Act’) and the assessee accordingly filed “NIL” return of income for the relevant assessment after claiming deduction u/s.80P of the Act. Since, the State Governmental audit was completed belatedly for the year under consideration (FY.2018-19), the assessee could not file the return of income within the prescribed time u/s.139(1) of the Act. Hence, filed the same belatedly on 30.11.2020. The assessee’s return was processed by the CPC which passed the intimation u/s.143(1) on 21.01.2021 disallowing the deduction claimed u/s.80P and computed the total income at Rs.20,30,070/-.

3.

Aggrieved the assessee preferred an appeal before the Ld.CIT(A) who noted that the due date for filing of the return was 30.09.2019 for AY.2019-20, whereas the assessee had filed the ITR only on 30.11.2020. Citing Section 80AC of the Act, the Ld.CIT(A) has confirmed the action of the CPC.

4.

Aggrieved the assessee is before us.

5.

Before us, the Ld.AR for the assessee brought to our notice that assessee-society has filed an application for condoning the delay in filing of the ITR before the Chief Commissioner of Income Tax-1 Chennai, by letter dated 22.04.2026 citing the reason that the delay in filing of the return was due to the late completion of statutory audit by the Government appointed Auditors which affected the finalization of the financial statements and has placed copy of the same before us. Having

ITA No.2241/Chny/2026 (AY 2019-20) FC2751CDMTKCOOPINSTEMCS :: 3 :: perused the same and finding that the foundation for the disallowing the claim u/s.80P of the Act was delay in filing of the return of income by two (2) months, we are of the view that matter should be decided after the order of the Competent Authority u/s 119(2) of the Act on the application for condoning the delay in filing of the ITR. Hence, in the light of the aforesaid development of the assessee filing application for condoning the delay, we set aside the impugned order of the Ld.CIT(A) and restore the issue back to the file of Jurisdictional Assessing Officer (JAO) and direct him to await the decision of the Chief Commissioner of the Income Tax (supra) on the application filed by the assessee for condoning the delay for filing of ITR and if the authority condones the delay the deduction claimed u/s.80P be allowed. 6. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on the 22nd day of July, 2026, in Chennai. Sd/- Sd/- (गगन गोयल) (एबी टी. वक�) (ABY T. VARKEY) (GAGAN GOYAL) �या�यक सद�य/JUDICIAL MEMBER लेखा सद�य/ACCOUNTANT MEMBER चे�नई/Chennai, �दनांक/Dated: 22nd July, 2026. YS आदेश क� ��त�ल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF Digitally signed YASHVI by YASHVIR SINGH R SINGH Date: 2026.08.03 15:24:39 +05'30'

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