THALIGAI PRIMARY CO OP CREDIT SOCIETY LTD,NAMAKKAL vs. INCOME TAX OFFICER , WARD II

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ITA 542/CHNY/2025Status: DisposedITAT Chennai01 July 2025AY 2019-2020Bench: SHRI GEORGE GEORGE K (Vice President)1 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the assessee is not entitled to deduction u/s 80P as the return of income was not filed within the prescribed due date, citing Section 80AC(ii) of the Act. The appeal filed by the assessee was dismissed.

What were the facts?

The assessee, a primary agricultural co-operative credit society, did not file its return of income by the due date for AY 2019-20. Despite information of cash deposits, the AO issued a notice u/s 148. The assessee later filed a return claiming deduction u/s 80P, which was denied.

What were the issues?

Whether the assessee is eligible for deduction under Section 80P when the return of income was not filed within the due date specified under Section 80AC(ii) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 250,Section 139(1),Section 148,Section 147,Section 144B,Section 80P,Section 80AC(ii),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ (SMC

Before: SHRI GEORGE GEORGE K

Hearing: 26.06.2025Pronounced: 01.07.2025

आदेश/ O R D E R

1.

This appeal filed at the instance of the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 05.12.2024 passed under section 250 of the Income Tax Act, 1961 (hereinafter called ‘the Act’). The relevant Assessment Year is 2019-20.

:- 2 -: 2. Brief facts of the case are as follows: The assessee is a primary agricultural co-operative credit society registered under the Tamil Nadu Co-operative Societies Act. For the assessment year 2019-20, the assessee did not file its return of income u/s.139(1) of the Act. The Department had information that assessee had made cash deposits in its bank account during the relevant assessment year. The AO issued notice u/s.148 of the Act on 30.03.2023. In response to the notice issued u/s.148 of the Act, the assessee filed its return of income on 21.12.2023 declaring ‘nil’ income after claiming deduction u/s.80P of the Act of Rs.4,21,957/-. The assessment was completed u/s.147 r.w.s. 144B of the Act, wherein the claim of deduction u/s.80P of the Act was denied. The reason for denying the claim of deduction was that assessee had not filed the return of income within the due date specified and in view of provisions of section 80AC(ii) of the Act, deduction u/s.80P of the Act cannot be allowed.

3.

Aggrieved assessee filed appeal before the First Appellate Authority (FAA). The FAA dismissed the appeal in-limine without adjudicating on merits, since the assessee did not respond to the various hearing notices issued from the office of the First Appellate Authority.

:- 3 -: 4. Aggrieved the assessee filed the present appeal before the Tribunal. The Ld.AR for the assessee submitted that delay condonation application filed u/s.119(2)(b) of the Act for condoning the delay in filing the return of income before the concerned authority has been rejected.

5.

The Ld.DR was duly heard.

6.

I have heard rival submissions and perused the material on record. The assessee is a co-operative society and had claimed deduction u/s.80P of the Act. The claim of deduction u/s.80P of the Act was denied for the reason that return of income was not filed within the due date prescribed. In view of the clear provisions of section 80AC(ii) of the Act, the assessee is not entitled to deduction u/s.80P of the Act, since the return of income was not filed within the due date. It is ordered accordingly.

7.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open court on 1st July, 2025 at Chennai.

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