FEROKE SERVICE CO-OPERATIVE BANK LIMITED,KOZHIKODE vs. ITO WARD 2(3), KOZHIKODE
What did the Tribunal hold?
The Tribunal held that the CIT(A) is bound by Section 250(6) to decide appeals on merits, even if disposed of ex-parte. Consequently, the case was remanded to the CIT(A) for a de novo disposal on merits after affording the assessee a fresh opportunity of hearing.
What were the facts?
The assessee, a co-operative society, filed its return for AY 2017-18 claiming a deduction under Section 80P, resulting in Nil income. The AO disallowed the Section 80P claim, leading to an addition of Rs. 1,90,51,885/-. The CIT(A) subsequently dismissed the assessee's appeal ex-parte for non-prosecution.
What were the issues?
Whether the CIT(A) can dismiss an appeal solely for non-prosecution without considering its merits, and if so, whether this is contrary to Section 250(6) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
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- PCIT v. Premkumar Arjundas Luthra132 citing279 CTR 614 · HC
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI SOUNDARARAJAN K., JM
O R D E R Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)], dated 27.06.2024 for Assessment Year (AY) 2017-18.
Brief facts of the case are that the appellant is a co-operative society registered under the Kerala State Co-operative Societies Act, 1969.The appellant filed return of income for AY 2017-18 on 13.11.2017 declaring Nil income after claiming deduction u/s. 80P of the Act. Against the said return of income, the assessment was Feroke Service Co-op. Bank Ltd. completed by the Income Tax Officer, Ward-2(3), Kozhikode (hereinafter called "the AO") vide order dated 23.12.2019 passed u/s. 143(3) of the Income Tax Act, 1961 (the Act) at a total income of Rs. 1,90.51.995/-. While doing so the AO made addition of Rs. 1,90,51,885/- disallowing the claim made by the assessee u/s. 80P of the Act.
Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal exparte for non prosecution.
Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal.
We find that the learned CIT(A) dismissed the appeal in limine for non prosecution. As contemplated u/s. 250(6) of the Act the CIT(A) is required to frame points of determination followed by a detailed discussion thereupon before passing the order. It is the settled position of law that the CIT(A), even while disposing of the appeal exparte, is duty bound to dispose of the appeal on merits. Reliance in this regard can be placed on the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal position we are of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee.
Order pronounced in the open court on 21st February, 2025.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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