SANTAJI URBAN CREDIT COOP SOCIETY LIMITED,PUSAD vs. ITO WARD - 1, YAVATMAL, YAVATMAL

ITA 437/NAG/2026Status: DisposedITAT Nagpur14 July 2026AY 2018-195 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal followed a coordinate bench decision and a Bombay High Court ruling, holding that a belatedly e-verified return, if filed within the time specified in Section 139(4) and claiming deductions, should be considered valid for the purpose of allowing deductions. The order of the CIT(A) was quashed.

What were the facts?

The assessee, a co-operative society, claimed deduction under Section 80P. Although the original return was filed within the due date, it was e-verified beyond the stipulated period. The Assessing Officer denied the deduction on this ground, which was upheld by the CIT(A).

What were the issues?

Whether a deduction under Section 80P can be denied solely because the original return of income was e-verified after the due date, despite being filed within the prescribed time.

Which sections of the Income-tax Act were involved?

Section 80P,Section 139(1),Section 139(4),Section 250,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH :: NAGPUR

Before: SHRI ANUBHAV SHARMA & SHRI KHETTRA MOHAN ROY

For Appellant: Shri Mahavir Atal, CA &, Shri Ameenuddin Khan, Adv
For Respondent: Shri Surjit Kumar Saha, Sr.DR
Hearing: 17.06.2026Pronounced: 14.07.2026

PER KHETTRA MOHAN ROY, AM:

This appeal filed by the assessee is directed against the order of ADDL/JCIT (Appeals)-1, Delhi (for short, “CIT(A)”), dated 11/02/2026 passed u/s. 250 of the Income Tax Act, 1961 (for short, “Act”) which is arising out of intimation passed u/s. 143(1) of the Act dated 24.10.2024 for the Assessment Year 2018-19 (AY).

2.

We have heard the rival submissions and perused the material available on record. The assessee is a Co- operative Society registered under the Maharashtra Co- operative Societies Act, 1960 and is engaged in the business of providing credit facilities to its members. The assessee filed its return of income on 31.08.2018 declaring Nil income

The order continues below.

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