AA547 KALICHETTIPALAYAM PACCS,KALICHETTIPALAYAM vs. DEPUTY DIRECTOR OF INCOME TAX, BENGALURU

The main grievance of the assessee is against the action of the Ld.CIT(A) in not condoning the delay of 54 days in filing the appeal before

Brief facts are that the assessee is a Primary Agricultural Co- operative Credit Society Limited, [which is registered under the Tamil Nadu Cooperative Societies Act, 1983] has filed its return of income for AY 2022- 23 on 30.10.2022 which was e-verified on 22.12.2022 admitting ‘nil’ income after claiming deduction u/s.80P(2)(a)(i) of the Income Tax Act, 1961 [herein after “Act”] of Rs.7,37,297/- and u/s.80P(2)(d) of the Act of Rs.1,50,638/- and claiming refund of Rs.15,067/-. The return was processed by the CPC u/s.143(1A) and intimation was issued dated 24.05.2023 disallowing the claim of deduction u/s.80P(2) of the Act which resulted in addition of Rs.8,87,940/-.

Aggrieved by the intimation order passed by the CPC, the assessee preferred an appeal before the CIT(A), who noted that the assessee has preferred to file the appeal before him only on 16.08.2023 with a delay of 54 days. In this regard, the assessee explained that delay occurred due to hospitalization of the official handling the tax matters of the assessee.

Having heard both parties, we note that the assessee is a Primary Agricultural Co-operative Credit Society and is situated at Erode. The Ld.AR brought to our notice that the assessee being a Primary Agricultural Co-operative Credit Society, which is run by persons who are not computer savvy, belatedly e-verified the return of income on 22.12.2022, though filed the same within time on 30.10.2022. According to the Ld.AR, having filed the return of income on time, the assessee does not get any benefit by delaying the e-verification of the same return of income which led to the CPC denying the deduction claimed u/s.80P of the Act. Similarly, the assessee by delaying filing of appeal before the First Appellate Authority doesn’t reap any benefit. In the aforesaid circumstances, the Ld.AR pleaded that the delay may be condoned considering the assessee being a Primary Agricultural Co-operative Credit Society which is providing credit facility to poor farmers, may be viewed leniently and sympathetically. And the Ld.AR also brought to our notice that assessee has taken steps and 4s

Having said so, as noted supra that the assessee is filing application before the Ld.CCIT for condoning the delay in filing of return of income / e-verifying the return of income. Therefore, for the ends of justice and fair play, we direct the Ld.First Appellate Authority to await the decision of the Ld.CCIT in respect of application filed for condoning the delay in filing of return of income /e-verify the return of income; and thereafter pass order on merit on the claim made by the assessee u/s.80P(2) of the Act. The Ld.AR is directed to inform the First Appellate Authority regarding the outcome of the decision of the Ld.CCIT in condoning the delay in filing of return of aSe

In the result, the appeal of the assessee is allowed for statistical

MUP STGadH/CIT, Coimbatore 4, fauatta uiarryDR &

18 ECG.