RAMANAIKKAN PA COOP BANK LTD.,NAMAKKAL vs. ITO, WARD-2,, NAMAKKAL
What did the Tribunal hold?
The Tribunal, relying on a Madras High Court judgment, decided to remand the matter back to the Assessing Officer for fresh consideration. The Assessing Officer is to pass an order in accordance with the High Court's directions, taking into account the return filed and condoning the delay.
What were the facts?
The Assessing Officer denied the deduction claimed under Section 80P of the Income-tax Act, 1961, because the assessee failed to file the return of income within the due date prescribed under Section 139(1). The CIT(A) upheld this decision.
What were the issues?
Whether the deduction under Section 80P can be allowed when the return of income was filed after the due date. The issue revolves around condoning the delay in filing the return for the purpose of claiming the deduction.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आयकर अपीलीय अिधकरण, ’सी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी एस.आर. रगुनाथॎ◌, लेखा सद� के सम% Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No. 3071/Chny/2025 िनधा&रण वष&/Assessment Year: 2019-20 Ramanaikkan PA Co-op Bank Ltd S- Vs. Income Tax Officer, 262, Ward-2, Pachal, Namakkal. Elur B.O., Musiri, Namakkal – 637 018. [PAN: AAAAR-2036-C] (अपीलाथ(/Appellant) ()*थ(/Respondent) अपीलाथ( की ओर से / Appellant by : Ms. Sumedha, Advocate )*थ( की ओर से/Respondent by : Ms. Swarnalatha, Addl.CIT सुनवाई की तारीख/ Date of hearing : 22.06.2026 घोषणा की तारीख /Date of Pronouncement : 04.08.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 12.01.2024 passed by the ld. Commissioner of Income Tax, CCIT, Coimbatore, for the assessment year 2019-20.
At the outset, it is noted that the AO denied the deduction claimed u/s. 80P of the Income-tax Act, 1961 (herein after “the Act”) for not filing
:-2-: ITA No: 3071/Chny/2025
return of income within due date prescribed u/s. 139(1) of the Act. The
ld.CIT(A) confirmed the same.
The ld.AR, Ms. Sumedha, Advocate, submits that the Hon’ble High
Court of Madras in the case of T943 Vickrapandiyam Primary
Agricultural Co-operative Credit Society Ltd. v. The Chief Commissioner of Income Tax, directed the AO to decide the issue of
claim u/s. 80P(2) of the Act by condoning the delay, if any, in filing the
return of income u/s. 139(1) of the Act.
The ld.DR, Ms. Swarnalatha, Addl.CIT, reported not objection.
After hearing both the parties, we place reliance on the judgment
dated 01.06.2026 of the Hon'ble High Court of Madras in the case of T943 Vickrapandiyam Primary Agricultural Co-operative Credit Society Ltd. v. The Chief Commissioner of Income Tax, wherein the Hon'ble High Court was pleased to allow the writ petitions on the terms vide para No. 5.14 of the said decision, wherein it was clearly held that it will be open to the Co-operative Societies to produce a copy of said order wherever the assessment proceedings are pending, so that the assessment authority concerned will take into account the returns filed by the Co-operative
:-3-: ITA No: 3071/Chny/2025
Societies and pass final orders as per law. Further, vide para No. 5.14(iv), the Hon'ble High Court was pleased to observe that wherever assessment orders have already been passed, and appeals are pending, upon production of a copy of said order, the appellate authority concerned shall treat the delay in filing the returns as condoned pending the appeal and accordingly pass appropriate orders in the appeals, remanding the matter back to the original authority for completion of the assessment proceedings, as the case may be. In our opinion, in pursuance of the said direction, we deem it proper to remand the matter to the file of the AO for his fresh consideration. The AO shall pass the order in accordance with the directions given by the Hon'ble High Court of Madras. The assessee is at liberty to file evidence, if any, in support of his claim. Thus, the order of the ld. CIT(A) is set aside and the grounds raised by the assessee are allowed for statistical purposes.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 04th August, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
:-4-: ITA No: 3071/Chny/2025
Chennai, Dated: 04.08.2026 JPV आदेश की )ितिलिप अ0ेिषत/Copy to: 1. अपीलाथ(/Appellant, 2.)*थ(/ Respondent, 3. आयकर आयु1/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय )ितिनिध/DR & 5. गाड& फाईल/GF
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.08.07 12:35:48 +05'30'
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- 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
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S.Sidhivinayak Roadways, Sundergarh vs. Commissioner Of GST And Central Excise, Rourkela Commissionerate, RourkelaOrissa · 15 Oct 2026
- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- M/S. Kalinga Paper Mart, Sundergarh vs. Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026
- Kabita Nayak vs. Chief Commissioner, CGST, Central Excise And Customs, KhurdaOrissa · 15 Oct 2026
- Swastika Ingot PVT.LTD, Sundargarh vs. The Addl Commissioner, GST And Central Excise, BhubaneswarOrissa · 15 Oct 2026