MORATTUPALAYAM PRIMARY AGRICULTURAL CO OP CREDIT SOCIETY LTD,TIRUPUR vs. THE INCOME TAX OFFICER, WARD 1(2) TIRUPUR, TIRUPUR

The appellant is a Primary Agricultural Co-operative Credit Society, has filed belated appeal before the ld.CIT(A) against the order/intimation u/s 143(1) dated 29.12.2023 passed by the AO, CPC, Bengaluru. However, the ld. CIT(A) did not condone the delay of 223 days in filing the appeal and opined that deciding the appeal on merits doesn’t arise. In effect, he has dismissed the appeal of the assessee. Hence, assessee is in further appeal before us.

The ld. AR of the assessee submitted various arguments inter- alia that the appellant has filed a condonation petition u/s 119(2)(b) of the Act before the Chief Commissioner of Income Tax (CCIT), Coimbatore, seeking condonation of the delay in filing the return of income.

Per contra, the ld. DR relied upon the orders of the lower authorities and pleaded for the dismissal of appeal of the assessee.

We have heard the both parties and perused the records of the appeal papers. Having gone through the reasons, we find that the ld. CIT(A) ought to have been condoned the delay in filing the appeal. Keeping in mind the assessee is a primary agricultural co-operative credit society and reasons stated in the order of the ld.CIT(A) at para 2, we condone the delay in filing the appeal before the ld.CIT(A). Further, we are of the considered view that the ld.CIT(A) should have waited for the outcome of the condonation petition filed before the Chief Commissioner of Income Tax (CCIT), Coimbatore for the validating delayed return of income. Hence, we set aside and remand back the appeal to the file of the ld.CIT(A) to wait for the outcome of the Chief Commissioner of Income Tax (CCIT), Coimbatore on the condonation petition for validating delayed return filed. After receipt of the order of the Chief Commissioner of Income Tax (CCIT), Coimbatore on the aforesaid petition, the ld.CIT(A)will take his judicial view on all issues/fresh issues according to law.