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

This appeal filed by the assessee is directed against the order dated 06.11.2024 passed by the Addl/JCIT(A)-2, Hyderabad for the assessment year 2019-20.

At the outset, we note that the claim of the assessee under section 80P of the Income Tax Act, 1961 [“Act” in short] was denied by the CPC, Bengaluru vide intimation dated 23.09.2020, against which, the assessee preferred an appeal before the ld. CIT(A) on 06.09.2024 with a delay of 1414 days. The ld. CIT(A) held that no sufficient cause shown by the assessee for the delay in filing the first appeal before him.

The ld. AR Ms. A. Vijayalakshmi, C.A. drew our attention to page 2 of the impugned order and submits that the members of the society are farmers, hails from remote area and its secretary trained only in cooperative operations and lacking necessary expertise in accounting and taxation. The ld. AR further submits that the issue under consideration is covered in favour of the assessee and that if this Tribunal affords an opportunity there is fair chance of succeeding before the ld. CIT(A).

The ld. DR Dr. M.D. Vijay Kumar, JCIT drew our attention to the reasons recorded by the ld. CIT(A) in para 3 of the impugned order and argued vehemently that the assessee failed to show sufficient cause in explaining the abnormal delay of 1414 days.

Having heard the ld. AR & the ld. DR and the reasons explained by the assessee before the ld. CIT(A) which are reflected in para 2 of the impugned order, we are of the considered opinion that the assessee shall get an opportunity to substantiate the claim under section 80P of the Act. Therefore, taking to consideration of the facts and circumstances of the case and in the interest of natural justice, we deem it proper to remand the matter to the file of the ld. CIT(A) to consider the reasons explained afresh in condoning the delay of 1414 days reflecting in para 2 of the impugned order, condone the delay and the ld. CIT(A) shall decide the issue on merits and to pass order in accordance with law. The assessee is at liberty to file the details and evidences in support of its claim. Thus, grounds raised by the assessee are allowed for statistical purposes.

In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 05th March, 2025 at Chennai.