PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY ALDUR,ALDUR vs. ITO WARD-1, CHIKMAGALUR
What did the Tribunal hold?
The Tribunal restored the matter to the Assessing Officer for fresh adjudication after the condonation petition is decided. If the delay is condoned, the assessee may become eligible for the deduction.
What were the facts?
The assessee filed its return of income after the due date, leading to the disallowance of a deduction claimed under section 80P(2)(a)(i). The assessee had also filed a petition for condonation of delay under section 119(2)(b), which was pending.
What were the issues?
Whether the assessee is entitled to deduction under section 80P(2)(a)(i) when the return was filed after the due date, and the impact of a pending condonation petition.
Which sections of the Income-tax Act were involved?
Section 80P(2)(a)(i),Section 80A(5),Section 139,Section 119(2)(b),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘SMC’ BENCH, BANGALORE
Before: SHRI WASEEM AHMED & SHRI KESHAV DUBEY
IN THE INCOME TAX APPELLATE TRIBUNAL ‘SMC’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER
ITA No. 255/Bang/2026 Assessment Year: 2019-20 Primary Agriculture Credit Co-operative Vs. The Income Tax Officer, Society, Ward – 1, Aldur Post, Chikmagalur. Chikmagalur Taluk, Chikmagalur – 577 111. PAN – AACAP 0377 J APPELLANT RESPONDENT Assessee by : Shri Gireesha T.L, CA Revenue by : Shri Ganesh R Ghale, Advocate – Standing Counsel for Revenue Date of hearing : 02.06.2026 Date of Pronouncement : 05.06.2026 O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:
The present appeal filed by the assessee for A.Y. 2019-20 is against the order passed by the NFAC, Delhi under section 250 of the Income Tax Act, 1961, dated 25.11.2025.
The only issue in this appeal is whether the assessee is entitled to deduction under section 80P(2)(a)(i) of the Act amounting to ₹ 37,71,984,
ITA No.255/Bang/2026 Page 2 of 3 even though the return of income was not filed within the due date prescribed under section 139 of the Act.
2.1 The assessee filed the return of income after the due date. Therefore, the Assessing Officer (AO) disallowed the deduction of ₹ 37,71,984 claimed under section 80P(2)(a)(i) by applying section 80A(5) of the Act. The ld. CIT(A) confirmed the disallowance.
Aggrieved by the order of the CIT(A), the assessee filed the present appeal before the Tribunal.
The learned Authorised Representative (AR) admitted that the return of income was filed after the due date. However, he submitted that the assessee had filed a petition under section 119(2)(b) of the Act on 19.04.2026 seeking condonation of delay. The petition is still pending. He requested that the matter be restored to the AO to decide the issue after the condonation petition is disposed of.
4.1 The learned Departmental Representative (DR) did not object to restoring the matter to the AO for fresh consideration after the decision on the condonation petition.
We have considered the submissions of both parties and examined the records. It is not disputed that the return was filed late. Therefore, at present, the assessee is not eligible for deduction under section 80P(2)(a)(i) because of section 80A(5) of the Act. However, the assessee has filed a condonation petition under section 119(2)(b) of the Act, which is pending. If the delay is condoned by the competent authority, the
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ITA No.255/Bang/2026 Page 3 of 3 assessee may become eligible for the deduction. Therefore, we restore the matter to the file of the AO for fresh adjudication after the condonation petition is decided. Accordingly, the ground raised by the assessee is allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced in court on 5th day of June, 2026
Sd/- Sd/- (KESHAV DUBEY) (WASEEM AHMED) Judicial Member Accountant Member Bangalore Dated, 5th June, 2026 / vms / Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order
Asst. Registrar, ITAT, Bangalore
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More judgments on Section 80P(2)(a)(i)
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- The Development Multipurpose Credit &… vs ITO Ward 2 (4), Porbandar, GujaratITA 458/RJT/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Hislop College Employees Cooperative Credit… vs ITO Ward 2(3), NagpurITA 184/NAG/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
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