ELOOR VANITHA KSHEMODHARANA CO-OPERATIVE SOCIETY LTD.,UDYOGAMANDAL vs. ITO WARD -1 &TPS, ALUVA
Facts
The appellant, a co-operative society, did not file its original return for AY 2019-20. After receiving a notice under Section 148, it filed a belated return claiming deduction under Section 80P, which the AO disallowed. The CIT(A) upheld this disallowance.
Held
The Tribunal noted that a condonation petition for delayed filing of the return was pending before the Principal Commissioner of Income Tax. Consequently, the matter was remanded to the Assessing Officer to pass a consequential order based on the outcome of the said condonation petition.
Key Issues
Whether the disallowance of Section 80P deduction was justified, especially when a condonation petition for the belated return filing was pending before the Principal Commissioner of Income Tax.
Sections Cited
139(1), 148, 80P, 147, 144B, 119(2)(b)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM
IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH BEFORE SHRI INTURI RAMA RAO, AM ITA No. 848/Coch/2025 Assessment Year: 2019-20 Eloor Vanitha Kshemodharana Co-op Society Ltd. ......... Appellant FACT Dormetry Room No. 27, Kochi 683501 [PAN: AAAAE8921H] vs. The Income Tax Officer, WD-1 & TDS, Aluva .......... Respondent Assessee by: Shri K.K. Joseph, CA Revenue by: Ms. Neethu S. Sr. DR Date of Hearing: 27.11.2025 Date of Pronouncement: 28.11.2025 O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 11.09.2025 for Assessment Year (AY) 2019-20.
Brief facts of the case are that the appellant is a co-operative society registered under the Kerala State Co-operative Societies Act, 1969. No return of income for AY 2019-20 was filed by the appellant society under the provisions of section 139(1) of the Income Tax Act, 1961 (the Act). Notice u/s. 148 of the Act was issued to the appellant on 30.03.2023. In response to the notice u/s. 148 the appellant filed return of income on 06.06.2023 declaring
2 ITA No. 848/Coch/2025 Eloor Vanitha Kshemodharana Co-op Society Ltd. total income of Rs. 1250/- after claiming deduction u/s. 80P of the Act of Rs. 15,41,864/-. Against the said return of income, the assessment was completed by the Assessment Unit of Income Tax Department (hereinafter called "the AO") vide order dated 13.02.2024 passed u/s. 147 r.w.s. 144B of the Act at total income of Rs. 15,43,114/-. While doing so, the AO disallowed the claim of deduction u/s. 80P of Rs. 15,41,864/-.
Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO.
Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.
The learned counsel for the assessee submits that a condonation petition was filed before Principal Commissioner of Income Tax, Kochi, Kerala praying for condonation of delay in filing the return of income in exercise of powers vested with him u/s. 119(2)(b) of the Act. Therefore, the matter may be restored to the AO for fresh assessment on the basis of the outcome of the condonation petition before the Principal Commissioner of Income Tax.
On the other hand, the learned Sr. DR had not raised any objection to remand the matter back to the file of AO.
3 ITA No. 848/Coch/2025 Eloor Vanitha Kshemodharana Co-op Society Ltd. 7. Having considered the rival submissions, I am of the considered opinion that the matter requires remand to the file of the AO to pass consequential order on the basis of the outcome condonation petition before the Principal Commissioner of Income Tax, ordered accordingly.
In the result, the appeal filed by the assessee stands partly allowed for statistical purposes.
Order pronounced in the open court on 28th November, 2025.
Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 28th November, 2025 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The Pr. CIT concerned 4. The Sr. DR, ITAT, Cochin 5. Guard File By Order
Assistant Registrar ITAT, Cochin
