THE SANJARI CO. OP. CREDIT SOCIETY LTD.,MEHSANA vs. THE INCOME TAX OFFICER,WARD-1,, MEHSANA
What did the Tribunal hold?
The Tribunal noted the assessee's counsel's submission that they were unable to present their case before the revenue authorities. In the interest of justice, the Tribunal remanded the matter to the Assessing Officer for a de novo assessment, directing the assessee to provide all necessary submissions and comply with the notices.
What were the facts?
The assessee, The Sanjari Co-op. Credit Society Ltd., filed an appeal against the order of the CIT(A) upholding the disallowance of deductions under sections 80P(2)(a)(i) and 80P(2)(d) amounting to Rs. 11,67,263 for AY 2018-19. The assessee's counsel stated that due to staff absence and lack of technical expertise, they could not appear before the revenue authorities.
What were the issues?
Whether the disallowance of deductions under sections 80P(2)(a)(i) and 80P(2)(d) by the CIT(A) was justified, and whether the matter should be remanded for fresh assessment due to the assessee's inability to appear before the revenue authorities.
Which sections of the Income-tax Act were involved?
Section 80P(2)(a)(i),Section 80P(2)(d),Section 80A(5),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
This appeal is filed by the Assessee against the appellate order dated 27.06.2024 passed by the Commissioner of Income Tax (Appeals) /National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2018-19.
The assessee has raised the following grounds of appeals:
1.1 The order passed by U/s.250 passed on 27-06-2024 by NFAC CIT(A)]. Delhi (for short "CIT(A)" upholding the disallowance of Sanjari Co-op Credit Soc. Ltd. Vs. ITO Asst. Year : 2018-19 - 2– deduction u/s 80P(2)(a)(i) and 80P(2)(d) by invoking sec.80A(5) is wholly illegal, unlawful and against the principles of natural justice. 2.1 The Id. CIT(A), has grievously erred in law and or on facts in holding that the profit derived from the business of providing facility to its members by the appellant society of Rs. 10,26,553/- was not admissible for deduction u/s 80P(2)(a)(i). 2.2 That in the facts and circumstances of the case the Id.CIT(A) ought not to have upheld the disallowance of deduction of Rs.1,40,710/ in respect of interest earned from bank u/s 80P(2)(d). 3.1 The Id.CIT(A) has grievously erred in law and or on facts in upholding that the deduction u/s 80P(2)(a)(i) and 80P(2)(d) were not admissible in view of sec.80A(5). 3.2 That the in the facts and circumstances of the Id. CIT(A), ought not to have upheld the disallowance of deduction u/s 80P(2)(a)(i) and 80P(2)(d) by invoking sec.80A(5). It is, therefore, prayed that the disallowance of deduction u/s 80P(2) of Rs. 11,67,263/- upheld by the CIT(A) may kindly be deleted.
At the outset, the Ld. Counsel for the assessee submitted that assessee could not appear before the revenue authorities owing to the absence of staff and lack of technical expertise. The Ld. Counsel for the assessee prayed that, given an opportunity, due compliance will be made and all the details/clarification/explanation would be provided to the revenue authorities. Hence, in the interest of justice the matter is remanded to the Assessing Officer for conducting assessment de-novo. The assessee shall submit all the relevant submissions/documents before the Assessing Officer and comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.
The order is pronounced in the open Court on 18.07.2025
Sd/- Sd/- (SIDDHARTHA NAUTIYAL) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 18.07.2025 MV आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy
More judgments on Section 80P(2)(a)(i)
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- The Development Multipurpose Credit &… vs ITO Ward 2 (4), Porbandar, GujaratITA 458/RJT/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Hislop College Employees Cooperative Credit… vs ITO Ward 2(3), NagpurITA 184/NAG/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- M/S. Sikka Motors PVT LTD vs. Union Of INDIA & Anr.Delhi · 27 Oct 2026