SHREE SARASWATHI CO-OPERATIVE CREDIT SOCIETY LTD.,,HUBLI vs. INCOME TAX OFFICER, WARD-2(3), HUBLI

ITA No. 617/Bang/2025 for Assessment Year 2015-16 and ITA No. 618/Bang/2025 for Assessment Year 2017-18 are filed by Shree Saraswathi Co-operative Credit Society Limited (the Assessee) against the Appellate Order passed by the National Faceless Appeal Centre, Delhi (the Ld. CIT(A)) on 14.03.2024 and 14.02.2024 respectively wherein the appeal filed by the Assessee against the Assessment Order passed u/s. 143(3) of the Income Tax Act, 1961 (the Act) dated 17.09.2021 and 19.12.2019 passed by the Income Tax Officer, Ward-2(3), Hubli and the National Faceless Assessment

ITA No. 617/Bang/2025 is late by 297 days because Appellate Order was passed on 14.03.2024 which was received by the Assessee on the same day but the Assessee filed the Appeal on 24.03.2025 thereby causing a delay of 297 days.

The Assessee submitted that the delay in filing of the Appeal is because of the sufficient cause. The Assessee also filed an Affidavit along with accompanying application for condonation of delay. The reason stated by the Assessee in application for condonation of delay was stated to be that in fact the date of receipt of the order though stated in form no. 36 of 14.03.2024 and therefore, accordingly, the Assessee should have filed the Appeal on 13.05.2024. The Assessee is a Co-operative Society registered as per the Karnataka State Co- operative Society Act, 1959. It is engaged in the business of providing credit facilities to its members. For the impugned Assessment Year, it filed its return of income on 29.09.2015 declaring a total income of Rs. Nil/- after claiming deduction u/s. 80P(2)(a)(i) of the Act of Rs. 15,60,240/-. The return was selected for scrutiny which culminated in the Assessment Order wherein the deduction u/s. 80P of the Act was denied.

The Ld. CIT(A) passed the Appellate Order. It was stated that the Ld. CIT(A) issued the notices of hearing in the month of February 2024 which could not be responded to by the Assessee which culminated into the ex-parte Appellate Order and therefore the Appeal was also filed belatedly.

The reason for the late filing of the Appeal was stated to be that Assessee could not conduct its elections for electing its governing/administrate and Management Board within the time