PALAKKAD DISTRICT COOPERATIVE PRINTING PRESS LTD,PALAKKAD vs. ITO, WARD-2, PALAKKAD
Facts
A co-operative society operating a printing press claimed a Section 80P deduction for AY 2016-17, treating itself as a cottage industry. The Assessing Officer and CIT(A) denied the claim, asserting it did not qualify as a cottage industry per CBDT Circular No. 722.
Held
The Tribunal found no evidence on record to support the appellant's contention of being a cottage industry. Consequently, it upheld the decisions of the lower authorities, confirming the disallowance of the Section 80P deduction.
Key Issues
Whether a printing press run by a co-operative society constitutes a cottage industry eligible for deduction under Section 80P of the Income Tax Act, 1961.
Sections Cited
80P
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 Nos. 294, 380 & 381/Coch/2024 Assessment Years: 2017-18, 2016-17 & 2020-21 Palakkad Dist. Co-op. Printing Press Ltd. .......... Appellant 17/1405 The Dist. Co-op. Printing Press HPO Road, Sulthanpet, Palakkad 678001 [PAN: AABAT5359F] vs. The Income Tax Officer, Ward 2, Palakkad .......... Respondent Appellant by: ------- None ------- Respondent by: Smt. Leena Lal, Sr. D.R. Date of Hearing: 12.03.2025 Date of Pronouncement: 27.03.2025 O R D E R These appeals filed by the assessee are directed against separate orders of the National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 06.02.2024 & 29.02.2024 for Assessment Years (AY) 2017-18, 2016-17 and 2020-21, respectively.
Since identical issues are involved in these appeals, they are heard together and disposed of by this common order. For the sake of convenience and clarity the facts relevant to the appeal bearing ITA No. 294/Coch/2024 for AY 2017-18 are stated herein.
Brief facts of the case are that the appellant is a co-operative society running a printing press. The return of income for AY 2016-17
2 ITA Nos. 294, 380 & 391/Coch/2024 Palakkad Dist. Co-op. Printing Press Ltd. was filed on 28.03.2018 declaring Nil income after claiming deduction of Rs. 43,90,380/- u/s. 80P of the Income Tax Act, 1961 (the Act). It is claimed that the appellant is running a printing press registered as a SSI Unit with the District Industrial Centre and Cottage Industry. However, the AO denied the claim by holding that the appellant is not a cottage industry as defined under CBDT Circular No. 722 dated 19.09.1995.
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 the Tribunal in the present appeal.
When the appeal was called on nobody appeared on behalf of the assessee despite due service of notice of hearing. Therefore, I proceeded to dispose of the appeal after hearing the learned Sr. DR.
I find that there is no material on record to indicate that the appellant society is a cottage industry. The reasoning given by the AO vide para 7 of his order is self speaking and, therefore, I do not find any reason to interfere with the orders of the lower authorities.
In the result, the appeals filed by the assessee stand dismissed.
Order pronounced in the open court on 27th March, 2025.
Sd/- (INTURI RAMA RAO) ACCOUNTANT MEMBER Cochin, Dated: 27th March, 2025 n.p.
3 ITA Nos. 294, 380 & 391/Coch/2024 Palakkad Dist. Co-op. Printing Press Ltd. Copy to:
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
