THE UNJHA TALUKA CO. OP. SALES PURCHASE UNION LTD.,UNJHA vs. THE DY.CIT, CIRCLE GANDHINAGAR, GANDHINAGAR
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. BRR KUMAR & SHRI SIDDHARTHA NAUTIYAL
PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER:
This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”),
National Faceless Appeal Centre (in short “NFAC”), Delhi vide order dated
30.05.2024 passed for A.Y. 2013-14. 2. At the outset, we observe that the appeal is time barred by 225 days.
The delay of 225 days is condoned on due consideration of facts of assessee’s case and owing to causing no perceptible prejudice to other side.
The assessee has raised the following grounds of appeal: Asst.Year –2013-14 - 2–
“1. Whether, on facts and in circumstances of the case and in law, Ld. CIT(A) has erred in not allowing deduction of Rs.2,46,338/- u/s 80P(2) of the act?
Whether, on facts and in circumstances of the case and in law, Ld. Assessing Officer has erred in issuing notice u/s. 148 of the act?
Further, appellant craves leave to add, amend, alter or withdraw all or any ground of appeal.”
The Assessing Officer made disallowance of Rs. 2,46,338/- under Section 80P(2) of the Act on the interest earned from Cooperative Banks. The issue is no more res integra owing to judgment of the Coordinate Bench of the Ahmedabad Tribunal in the case of The Salestax Employees Co- operative Credit Society Ltd. vs. The ACIT in ITA No. 612/Ahd/2024 vide order dated 30.07.2024 and in the case of The ACIT vs. The Sardar Patel Co- operative Credit Society Ltd. in ITA No. 525&526/Ahd/2023 vide order dated 02.04.2024 as well as the decision of Hon’ble High Court of Gujarat in the case of PCIT vs. Ashwin Kumar Arban Co. Operative Society Ltd. 168 This Order pronounced in Open Court on 18/07/2025 (DR. BRR KUMAR) JUDICIAL MEMBER Ahmedabad; Dated 18/07/2025
TANMAY, Sr. PSITA No. 560/Ahd/2025
Asst.Year –2013-14
- 3–
आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to :
1. अपीलाथŎ / The Appellant
2. ŮȑथŎ / The Respondent.
3. संबंिधत आयकर आयुƅ / Concerned CIT
4. आयकर आयुƅ(अपील) / The CIT(A)-
5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाडŊ फाईल / Guard file.
आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt.