THE ORCHARD RESIDENCY CO-OP HOUSING SOCIETY LIMITED,MUMBAI vs. WARD 27(3)(1), MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRYAssessment Year: 2020-21
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 10.10.2024, impugned herein, passed by the National
Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax
(Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax
Act, 1961 (in short ‘the Act’) for the A.Y. 2020-21. M/s. The Orchard Residency Co-op
Housing Society Limited
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2. In the instant case, the Assessee has earned the amounts of Rs.4,53,479/- and Rs.23,66,559/- {totaling to Rs. 28,20,038/-}
being interest income from savings bank account and FD account maintained with Saraswat Co-operative Bank and Mumbai District
Co-operative Bank as detailed below:
SI.
No.
Particulars
Amount (Rs.) Amount (Rs.)
1. Interest on SB A/c with co-operative bank
4,53,479/-
Saraswat Co-op Bank - SBGOLD/39
Rs 3, 21, 869/-
Saraswat Co-op Bank - SBGOLD/47
Rs 91, 419/-
Saraswat Co-op Bank - SBPUB/1842
Rs 27,668/-
Mumbai Dist. Cent. Co-op Bank - 00247
Rs 12,503/-
Interest on FD with The Saraswat Co-op. Bank
23,66,559/-
TOTAL:
28,20,038/-
The Assessee therefore by filing its return of income for the AY under consideration on dated 11.02.2021 and declaring gross total income of Rs.35,28,608/-, has also claimed the deduction of such amount of Rs.28,20,038/- u/s 80(2)(d) of the Act.
The Assessing Officer (AO) vide order dated 20.08.2022 u/s 143(3) r.w.s. 144B of the Act, disallowed the said deduction claimed by the Assessee.
The Assessee, being aggrieved, challenged the said disallowance of deduction made by the AO, by filing first appeal M/s. The Orchard Residency Co-op Housing Society Limited
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before the Ld. Commissioner, however, with a delay of 318 days in filing of the appeal. The Assessee before the Ld. Commissioner in respect of delay has claimed that selection of Managing Committee
Members was due and pending and the therefore Administrator was appointed by Co-Operative