PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED NUSTHULAPUR,HYDERABAD vs. INCOME TAX OFFICER, KARIMNAGAR

ITA 1792/HYD/2025Status: HeardITAT Hyderabad16 April 2026AY 2021-228 pages
AI SummaryRemanded

What were the facts?

The assessee, a Primary Agricultural Co-operative Society, filed an updated return claiming deduction under Section 80P(2)(a)(iv). The CPC disallowed this deduction because the return was filed after the due date prescribed under Section 139(1), invoking Section 80AC.

What did the Tribunal hold?

The Tribunal held that the sole reason for disallowing the Section 80P deduction was the belated filing of the return. Since the assessee had filed an application for condonation of delay under Section 119(2)(b) which was pending, the matter was restored to the AO.

What were the issues?

Whether the deduction under Section 80P is allowable when the return of income is filed beyond the due date, and if an application for condonation of delay under Section 119(2)(b) is pending.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 139(8A),Section 80P(2)(a)(iv),Section 80AC,Section 143(1),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ SMC ‘ Bench, Hyderabad

PER MANJUNATHA G., A.M : This appeal filed by the assessee is directed against the order of the learned Addl/Joint Commissioner of Income Tax (Appeals) – 3, (for short “Ld. CIT(A)”), Ahmedabad, dated 06.08.2025, pertaining to the assessment year 2021-22. 2. The brief facts of the case are that assessee is a Primary Agricultural Co-operative Society engaged in providing credit facilities and agricultural inputs to its members. Th

The order continues below.

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