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

The learned A.O. erred in not granting deduction u/s 80P(2)(d) 2. The learned A.O. erred in not granting deduction u/s 80P(2)(d) 2. The learned A.O. erred in not granting deduction u/s 80P(2)(d) amounting to Rs.1,41,996/ amounting to Rs.1,41,996/- thereby passing rectification o thereby passing rectification order u/s 154 by way of income from other sources in respect of u/s 154 by way of income from other sources in respect of u/s 154 by way of income from other sources in respect of interest earned on fixed deposit from/with Co interest earned on fixed deposit from/with Co-operative banks operative banks thereby rejecting case laws of jurisdictional Tribunal, Mumbai in thereby rejecting case laws of jurisdictional Tribunal, Mumbai in thereby rejecting case laws of jurisdictional Tribunal, Mumbai in the case of Kshatriya Gadkari Maratha Co the case of Kshatriya Gadkari Maratha Co-operative Credit operative Credit Society Ltd v. ITO in & 3647/Mum/2018 and Ltd v. ITO in & 3647/Mum/2018 and Ltd v. ITO in ITA No.3646 & 3647/Mum/2018 and Kalindas Udyog Bhavan Premises Co Kalindas Udyog Bhavan Premises Co-op Hsg Society v. ITO in op Hsg Society v. ITO in ITA No. 654/Mum/2017. ITA No. 654/Mum/2017.

3. In the facts and circumstances of the case and in law, the 3. In the facts and circumstances of the case and in law, the 3. In the facts and circumstances of the case and in law, the learned AO erred in wrongly charging interest u/s 234A, B & C. learned AO erred in wrongly charging interest u/s 234A, B & C. learned AO erred in wrongly charging interest u/s 234A, B & C.

2. We have heard the rival submissions advanced by the learned We have heard the rival submissions advanced by the learned We have heard the rival submissions advanced by the learned counsel for the parties and have carefully perused the material counsel for the parties and have carefully peruse counsel for the parties and have carefully peruse available on record. It is observed that the learned CIT(A) declined available on record. It is observed that the learned CIT(A) declined available on record. It is observed that the learned CIT(A) declined to admit the appeal filed by the assessee on the ground of to admit the appeal filed by the assessee on the ground of to admit the appeal filed by the assessee on the ground of inordinate delay of 7 years, 11 months, and 20 days. The CIT(A) inordinate delay of 7 years, 11 months, and 20 days. The CIT(A) inordinate delay of 7 years, 11 months, and 20 days. The CIT(A) was of the view that the reasons furnished for the delay were was of the view that the reasons furnished for th was of the view that the reasons furnished for th general and lacked supporting evidence. general and lacked supporting evidence. The relevant finding of the The relevant finding of the Ld. CIT(A) is reproduced as under: Ld. CIT(A) is reproduced as under:

Shiv Parvati Co-operative Housing Shiv Parvati Co 3 Society Ltd “5.2 I have carefully considered the reasons adduced by the 5.2 I have carefully considered the reasons adduced by the 5.2 I have carefully considered the reasons adduced by the appellant for condonation of delay in filing the present appeal. appellant for condonation of delay in filing the present appeal. appellant for condonation of delay in filing the present appeal. The appellant h The appellant has given general reasons i.e migration of ex as given general reasons i.e migration of ex secretary to Australia without informing the other committee secretary to Australia without informing the other committee secretary to Australia without informing the other committee member and leaving the employment by the assistant in CA member and leaving the employment by the assistant in CA member and leaving the employment by the assistant in CA office. Admittedly, the society has a part time accountant and is office. Admittedly, the society has a part time accountant and is office. Admittedly, the society has a part time accountant and is assisted by the Chartered A assisted by the Chartered Accountant. The delay of around 8 ccountant. The delay of around 8 years is tried to be explained by these general reasons without years is tried to be explained by these general reasons without years is tried to be explained by these general reasons without any corroborative evidence whatsoever. It is trite law that the law any corroborative evidence whatsoever. It is trite law that the law any corroborative evidence whatsoever. It is trite law that the law assist those who are vigilant about their rights. In this case the assist those who are vigilant about their rights. In this case the assist those who are vigilant about their rights. In this case the delay of around 8 years delay of around 8 years in highly inordinate without reasonable in highly inordinate without reasonable cause as above, therefore the same is not condoned. The appeal cause as above, therefore the same is not condoned. The appeal cause as above, therefore the same is not condoned. The appeal is, accordingly not admitted because of inor is, accordingly not admitted because of inordinate delay in filing dinate delay in filing the same.” 2.1 Before us, learned counsel appearing for the assessee has Before us, learned counsel appearing for the assessee has Before us, learned counsel appearing for the assessee has submitted that the assessee is now in a position to furnish the t the assessee is now in a position to furnish the t the assessee is now in a position to furnish the requisite evidence in support of the reasons cited for the delay. In requisite evidence in support of the reasons cited for the delay. In requisite evidence in support of the reasons cited for the delay. In view of this submission and in the interest of justice, we are of the view of this submission and in the interest of justice, we are of the view of this submission and in the interest of justice, we are of the considered opinion that the matter deserves to be remanded to the considered opinion that the matter deserves to be remanded to the considered opinion that the matter deserves to be remanded to the file of the CIT(A) for reconsideration of the assessee’s application for file of the CIT(A) for reconsideration of the assessee’s application for file of the CIT(A) for reconsideration of the assessee’s application for condonation of delay. The CIT(A) shall afford adequate opportunity condonation of delay. The CIT(A) shall afford adequate opportunity condonation of delay. The CIT(A) shall afford adequate opportunity to the assessee to place on record the supporting material and to the assessee to place on record the supporting material and to the assessee to place on record the supporting material and thereafter decide the matter afresh in accordance with law. In the thereafter decide the matter afresh in accordance wit thereafter decide the matter afresh in accordance wit event the delay is condoned, the CIT(A) shall proceed to adjudicate event the delay is condoned, the CIT(A) shall proceed to adjudicate event the delay is condoned, the CIT(A) shall proceed to adjudicate the appeal on merits. the appeal on merits.

2.2 Accordingly, Ground No. 4 raised by the assessee is allowed Accordingly, Ground No. 4 raised by the assessee is allowed Accordingly, Ground No. 4 raised by the assessee is allowed for statistical purposes. In view of the above direction, Grounds for statistical purposes. In view of the above direction, Grounds for statistical purposes. In view of the above direction, Grounds Nos. 1 to 3 do not require separate adjudication at this stage. require separate adjudication at this stage. require separate adjudication at this stage.

Shiv Parvati Co-operative Housing Shiv Parvati Co 4 Society Ltd ITA No. 2845/MUM/2025

Order pronounced in the open Court on nounced in the open Court on 30/07/2025. /07/2025.