SHIV PARVATI CO-OPERATIVE HOUSING SOCIETY LTD,MUMBAI vs. ITO WARD 22(3)(1), MUMBAI

The learned amounting to u/s 154 by interest earne also overlook sustained u/ the appellant earlier years. 2. The learned amounting to u/s 154 by interest earne thereby reject the case of Society Ltd v Kalindas Udy ITA No. 654/M 3. In the fact learned AO er 4. In the fact learned Comm addition, ther accepting th overlooking th u/s. 154 or heard before p 2. We have heard counsel for the part available on record. to admit the appea inordinate delay of 7 was of the view tha general and lacked s Ld. CIT(A) is reprodu Shiv Parvat ITA d A.O. erred in not granting deduction u/ o Rs.1,41,996/- thereby passing rectific way of income from other sources in ed on fixed deposit from/with Co-operativ king the fact that debatable addition s.154 or 143[1] and also overlooking th t has been allowed deduction u/s 80P( d A.O. erred in not granting deduction u/ o Rs.1,41,996/- thereby passing rectific way of income from other sources in ed on fixed deposit from/with Co-opera ting case laws of juri ictional Tribunal, Kshatriya Gadkari Maratha Co-opera v. ITO in ITA No.3646 & 3647/Mum/ yog Bhavan Premises Co-op Hsg Society Mum/2017. ts and circumstances of the case and rred in wrongly charging interest u/s 234 ts and circumstances of the case and missioner of Income Tax(A) erred in conf reby not allowing the deduction U/s. 80 e petition for condonation filed and he fact that debatable addition cannot be 143[1] and not granting an opportunit passing the order. the rival submissions advanced ties and have carefully peruse It is observed that the learned al filed by the assessee on 7 years, 11 months, and 20 d at the reasons furnished for upporting evidence. The relevan ced as under: ti Co-operative Housing Society Ltd 2 A No. 2845/MUM/2025 /s 80P(2)(d) cation order respect of ve banks by cannot be he fact that (2)(d) in the /s 80P(2)(d) cation order respect of ative banks Mumbai in ative Credit /2018 and y v. ITO in in law, the 4A, B & C. in law, the nfirming the 0P(2)(d) and d by also e sustained ty of being d by the learned ed the material CIT(A) declined the ground of days. The CIT(A) the delay were nt finding of the “5.2 I have c appellant for The appellan secretary to member and office. Admitte assisted by t years is tried any corrobora assist those w delay of arou cause as abo is, accordingl the same.” 2.1 Before us, lear submitted that the requisite evidence in view of this submissi considered opinion th file of the CIT(A) for r condonation of delay to the assessee to p thereafter decide the event the delay is co the appeal on merits. 2.2 Accordingly, Gr for statistical purpo Nos. 1 to 3 do not req Shiv Parvat ITA carefully considered the reasons adduc condonation of delay in filing the prese nt has given general reasons i.e migra Australia without informing the other leaving the employment by the assis edly, the society has a part time accoun the Chartered Accountant. The delay of d to be explained by these general reaso ative evidence whatsoever. It is trite law t who are vigilant about their rights. In th und 8 years in highly inordinate without ove, therefore the same is not condoned. y not admitted because of inordinate de rned counsel appearing for th assessee is now in a position n support of the reasons cited f ion and in the interest of justic hat the matter deserves to be r reconsideration of the assessee’s y. The CIT(A) shall afford adequ place on record the supportin e matter afresh in accordance w ondoned, the CIT(A) shall procee . round No. 4 raised by the asse ses. In view of the above dire quire separate adjudication at th ti Co-operative Housing Society Ltd 3 A No. 2845/MUM/2025 ced by the ent appeal. ation of ex r committee tant in CA ntant and is f around 8 ons without that the law his case the reasonable The appeal lay in filing he assessee has n to furnish the for the delay. In ce, we are of the remanded to the s application for uate opportunity ng material and with law. In the ed to adjudicate essee is allowed ection, Grounds his stage.

In the result, statistical purposes. Order pronoun (SANDEEP G JUDICIAL M Mumbai; Dated: 30/07/2025 Rahul Sharma, Sr. P.S.