FT B KANAI PANCHAYAT UNION TEACHERS COOP THRIFT & CREDIT SOCIETY,VILLUPURAM vs. INCOME TAX OFFICER, VILLUPURAM

The assessee is a cooperative credit society. The assessee for AY 2019- 20 filed a return of income belatedly u/s. 139(4) of the Act on 30.11.2020

There is a delay of 476 days in filing the appeal before the Tribunal. The assessee has filed condonation petition/affidavit stating the reasons for delay in filing the appeal. The assessee in the affidavit has stated that the assessee being cooperative society is managed by persons who do not have any technical knowledge. The assessee further submits that it is completely dependent on the counsel with regard to income tax matters who did not provide proper support. It is also stated that the assessee while fling the return of income for the subsequent year only came to know that the appellate authority has disposed off the appeal. Accordingly, the assessee submitted that the delay is beyond the control of the assessee and the reasons are bonafide. Having heard both the parties and perused the material on record, we are of the view that there is a reasonable and sufficient cause for the delay in filing the appeal before the Tribunal. Therefore following the Hon’ble Supreme Court decision in the case of Collector, Land Acquisition Vs. MST.Katiji & Ors., (167 ITR 471) (SC), we condone the delay in filing the appeal and admit the appeal for adjudication.

We have heard the parties, and perused the material available on record. The Ld. Authorized Representative (AR) of the assessee during the course of hearing submitted that the assessee has filed the petition u/s. 119(2) of the Act for condoning the delay in filing the return beyond the due date prescribed u/s. 139(1) of the Act. The Ld. AR further submitted that Hon'ble Madurai Bench Madras High Court vide order dated 13.08.2025 while considering the issue of allowing the deduction u/s.80P in the case of other cooperative societies who have filed their return of income belatedly has taken a liberal view by condoning the delay. Considering the facts and circumstances peculiar to assessee's case and in the interest of natural justice, we are inclined to give one more opportunity to the assessee. Accordingly, we remit the appeal back to the CIT(A) with a direction to consider the claim of deduction u/s. 80P of the Act based on the outcome of the petition filed by the assessee for condonation of delay in filing the return of income. Needless to say that the assessee be given a reasonable opportunity of being heard. It is ordered accordingly.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 01st day of June, 2026 at Chennai.