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Facts
The assessee, Pattathanam Service Co-op. Bank Ltd., appealed against the orders of the Ld. CIT(A) which dismissed their quantum appeal and the appeal against the order for penalty under section 270A. The assessee challenged the assessment order passed under section 143(3) r.w.s. 144B of the Income-tax Act, 1961.
Held
The Tribunal noted that the Ld. CIT(A) found that the assessee had not furnished sufficient documentary evidence to prove that Kerala Bank qualifies as a Co-operative society for Section 80P(2)(d). The Tribunal decided to remand the appeals back to the Ld. CIT(A) to allow the assessee to explain this eligibility.
Key Issues
Whether the assessee (Kerala Bank) qualifies as a Co-operative society for Section 80P(2)(d) and if the CIT(A) should allow the claim based on a High Court judgment.
Sections Cited
143(3), 144B, 80P(2)(d), 270A
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Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI MANU KUMAR GIRI, JM
O R D E R
PER MANU KUMAR GIRI, JM:
The captioned appeals filed by the assessee are directed against the orders of the Ld. Commissioner of Income Tax(Appeals), National Faceless Appeal Centre (NFAC), Delhi, [hereinafter the “Ld.CIT(A)”] all dated 19.08.2025for the Assessment Year 2020-21 (hereinafter the "AY").
Assessee challenged the assessment order passed u/s 143(3) r.w.s. 144B of the Income-tax Act, 1961 (hereinafter "the Act') before the ld.CIT(A). However, the ld.CIT(A) has dismissed the & 718/Coch/2025 Pattathanam Service Co-op. Bank Ltd. quantum appeal of the assessee. Simultaneously, the ld.CIT(A) also dismissed the appeal of the assessee against the order passed u/s. 270A of the Act.
Now, assessee is in further appeal before us.
The ld. AR reiterated the grounds of appeal and referred two judgments of the Hon’ble jurisdictional High Court in the cases of The Mavilayi Service Co-operative Bank Ltd Vs CIT and PCIT Vs Peroorkada Service Co-operative Bank Ltd. [442 ITR 141].
4. Per contra, the ld. DR relied upon the orders of the CIT(A) and pleaded for the dismissal of both appeals.
We have heard the rival submissions and perused the record. We find that the ld. CIT(A) in its para 6.10-6.11 noted that the assessee has not furnished sufficient authenticated documentary evidence that Kerala Bank qualifies as a Co-operative society for section 80P(2)(d).
Therefore, in the interest of justice, we remand back both appeals to the file of ld.CIT(A) and direct the assessee to explain whether the Kerala Bank qualifies as a Co-operative society for Section 80P(2)(d). If assessee qualifies as Co-operative society for Section 80P(2)(d), then the ld.CIT(A) will allow the claim of the assessee following the judgment of the jurisdictional High Court referred supra[442 ITR 141]. The ld.CIT(A) will also consequently & 718/Coch/2025 Pattathanam Service Co-op. Bank Ltd. decide the penalty appeal against order passed u/s. 270A of the Act. Needless to say, the ld.CIT(A) before adjudicating both appeals, will provide proper and adequate opportunity to the assessee to explain the same. Assessee is also directed to co-operate before the ld. CIT(A).
Order pronounced in the open court on 6th November, 2025 at Cochin.