S 751 SELAVADAI PRIMARY AGRICULTURAL CO-OP CREDIT SOCIETY LTD,SALEM vs. ITO WARD- 1(8), SALEM

आदेश / O R D E R

PER MANU KUMAR GIRI, JM:

The captioned appeal filed by the Assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi, [CIT(A)] dated 09.09.2025 for Assessment Year 2019-20. 2. In the instant appeals, the registry has noted the delay of 65 days in filing the captioned appeal. We have gone through the condonation petition along with affidavit filed, we find that the reasons given by the assessee are sufficient cause for delay in filing

ITA No 635/Chny/2026 (AY 2019-20) S751 Selavadai P A CoP C S L Vs ITO, W 1(8) :: 2 :: the captioned appeal. Hence, we condone the delay and admit the appeals for adjudication. 3. The assessee is a Primary Agricultural Co-op. Credit Societies Act. The assessee is engaged in providing credit facilities to its members mainly for agricultural activities and is also engaged in the Public Distribution Scheme for distributing essential items as ordered by the Government of Tamil Nadu. The Income Tax Department observed that for the assessment year 2019-20 the assessee had made cash deposits in one or more accounts with the Salem District Central Co-op. Bank Ltd., to the tune of Rs.1,11,44,782/- and that income to that extent had escaped assessment. The ITO issued a notice u/s.148 dt.27.03.2023 following an order u/s 148A(d) 27.03.2023 for not having filed a return of income. The assessee responded to the above notice by filing a "Nil" return after claiming deduction u/s.80P to the tune of Rs. 13,28,411/- on 20.04.2023. The assessee filed a petition u/s119(2)(b) of the IT Act for the delay condonation to the CCIT Coimbatore which is yet to be disposed off. The assessee responded to the various notices issued u/s.142 (1) and show cause notice. The AO, NFAC had partly considered the replies and passed an order u/s.147 r/w.144B on 18.03.24. The AO denied the claim of deduction U/s.80P on the ground that the assessee did not file the return within the time allowed u/s.139 (1) for being eligible to claim the same. The AO computed the income at Rs. 13,28,411. 4. Being aggrieved with the order passed by the AO, the assessee preferred an appeal before the Ld.CIT(A) who upheld the order of the AO. 5. Being aggrieved with the order passed by the Ld.CIT(A), the assessee preferred an appeal before this Tribunal and stated that

ITA No 635/Chny/2026 (AY 2019-20) S751 Selavadai P A CoP C S L Vs ITO, W 1(8) :: 3 :: the assessee has already challenged the order of the Chief Commissioner of Income Tax, Coimbatore who passed order u/s.119(2)(b) of the Income Tax Act, 1961 dated 03/07/2024 [C.No.1445/1972/CCIT/ CBE/2024-25] for the AY 2019-20 in WP- 41748/2025 titled S 751 SELAVADAI PRIMARY AGRICULTURAL CO OP CREDIT SOCIETY LTD Vs THE CHIEF COMMISSIONER OF INCOME TAX COIMBATORE, RACE COURSE ROAD, COIMBATORE before the Hon’ble Jurisdictional High Court and is pending adjudication. 6. The ld. Departmental Representative (DR), on the other hand, supported the order of the ld. CIT(A) and prayed for dismissal of the appeal. However, he did not controvert the pending adjudication of the Writ Petition filed by the assessee as referred supra. 7. We have heard the rival submissions and perused the materials available on record. It is an admitted fact that the assessee has challenged the order passed by the Chief Commissioner of Income Tax, Coimbatore u/s.119(2)(b) of the Act before the Hon’ble Jurisdictional High Court in WP No.41748/2025 and the same is pending adjudication. Since the eligibility of the assessee to claim deduction u/s.80P is intrinsically linked with the outcome of the petition for condonation of delay in filing the return of income, which issue is presently sub judice before the Hon’ble Jurisdictional High Court, we are of the considered view that the matter requires reconsideration by the Assessing Officer after the final outcome of the writ petition. Accordingly, the impugned order is set aside and the issue is restored to the file of the Assessing Officer with a direction to await the outcome of the decision of the Hon’ble Jurisdictional High Court in the aforesaid writ petition and thereafter

ITA No 635/Chny/2026 (AY 2019-20) S751 Selavadai P A CoP C S L Vs ITO, W 1(8) :: 4 :: decide the issue afresh in accordance with law after affording adequate opportunity of hearing to the assessee. 8. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on the 01st day of June 2026, in Chennai.

Sd/- Sd/- (इंतूरी रामा राव) (मनु कुमार िग�र) (INTURI RAMA RAO) (MANU KUMAR GIRI) लेखा सद*य/ACCOUNTANT MEMBER �या�यक सद*य/JUDICIAL MEMBER

चे�नई/Chennai, +दनांक/Dated: 01st June, 2026. SNDP, Sr. PS

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