THE SANJARI CO. OP. CREDIT SOCIETY LTD.,MEHSANA vs. THE INCOME TAX OFFICER,WARD-1,, MEHSANA

PDF · subscribers
ITA 1415/AHD/2024Status: DisposedITAT Ahmedabad18 July 2025AY 2018-19Bench: DR. B.R.R. KUMAR, VICE-PRESIDENT SHRI SIDDHARTHA NAUTIYAL (Judicial Member)1 pages
AI SummaryRemanded

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

For Appellant: Shri S.N Divetia, with Shri Samir Vora, ARs
For Respondent: Shri B.P Makwana, Sr. DR
Hearing: 17.07.2025Pronounced: 18.07.2025

PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-

1.

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.

2.

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.

3.

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)

All 2,347 judgments and leading authorities on Section 80P(2)(a)(i) →

Recent GST High Court judgments

Search GST case law →