LOTUS PLAZA CO-OP HSG. SOC. LTD,MUMBAI vs. ITO WD-3(1), MUMBAI

The brief facts are that the assessee is a registered co-operative housing society whose account is required to be audited u/s. 81(1)(a) of Maharashtra Co-operative Societies Act, 1960. The assessee submits that the due date of filing of the return for the assessee’s society as per the provisions of section 139(1), Explanation 2(ii) is on (A.Y. 2018-19) Lotus Plaza Co-op. Housing Society Ltd. vs. ITO 30.09.2018 and since the assessee had filed its return on 31.08.2018, the assessee’s claim of deduction u/s. 80P(2)(d) was denied by the Assessing Officer (A.O. for short).

Aggrieved by this, the assessee was in appeal before the ld. CIT(A).

It is observed that the assessee has filed the said appeal belatedly after a delay of 189 days. The ld. CIT(A) failed to condone the delay in filing the appeal on the ground that there was no sufficient cause shown by the assessee as per the provisions of section 249(3) of the Act within the prescribed period of limitation u/s. 249(2) of the Act r.w.s. 5 of the limited Act. The ld. CIT(A) failed to admit the assessee’s appeal on this ground.

Aggrieved by this, the assessee is in appeal before us.

It is observed that the assessee has filed an affidavit specifying the reason for the delay in filing the appeal within the prescribed time limit. The assessee submit that it is a co-operative housing society in which the managing committee members are honorary members and working towards welfare of the society. The assessee further states that the assessee society does not have a permanent accountant or a tax consultant and that the email from CPC, pertaining to intimation order u/s. 143(1) was noticed by the assessee society only after the prescribed time limit of filing the appeal. The ld. AR contended that the assessee’s delay in filing the appeal before the ld. CIT(A) was not purposely done.

The ld. Departmental Representative (ld. DR for short) vehemently opposed to the submission of the assessee.

We have heard the rival submissions and perused the materials on record. On the basis of principles of natural justice, we deem it fit to provide the assessee with one more opportunity to present its case before the ld. CIT(A). On this note, we direct the ld. CIT(A) to condone the delay in filing the appeal by the assessee and to decide the issue on merits, after giving opportunity to be heard. We hereby remand this issue to the file of the ld. CIT(A).

In the result, the appeal filed by the assessee is allowed for statistical purpose.