NO H 1043 BHUJABALAPATNAM PRIMARY AGRICULTURE COOPERATIVE CREDIT SOCIETY LTD,KRISHNA DIST vs. INCOME TAX OFFICER, WARD-1, GUDIWADA

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ITA 426/VIZ/2025Status: DisposedITAT Visakhapatnam17 October 2025AY 2017-18Bench: the Tribunal. The petitioner/appellant society has filed an affidavit explaining the reasons for the delay in filing the appeal before the Tribunal, wherein it was submitted that the order passed by the Ld. CIT(A) was sent to the email of its then AR, CA B.V. Rao, instead of its email "KRISHNAPACS085@GMAIL.COM," as had been requested by it. The appellant society came to know of the order only when ITD officials called upon it to pay the tax arrears. It further submitted that, due to the abo11 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal, finding the reasons genuine and bonafide. On merits, it held that for AY 2017-18, the condition of filing the return by the due date under Section 139(1) was not mandatory for claiming Section 80P deduction, as strict provisions of Section 80AC (pre-amendment) did not apply to Section 80P for that assessment year. Since the assessee filed the return and claimed the deduction before the assessment was completed, the deduction under Section 80P(2)(a)(i) should be allowed, and the addition made by the A.O. was set aside.

What were the facts?

The assessee, a Primary Agricultural Cooperative Society, did not file its Income Tax Return for AY 2017-18 by the due date under Section 139(1). After receiving notices under Sections 142(1) and 144, the assessee filed a belated return claiming deduction under Section 80P(2)(a)(i), but the Assessing Officer denied it, treating the belated return as invalid for claiming the deduction and making an addition of Rs.12,71,701/-.

What were the issues?

Whether the deduction under Section 80P(2)(a)(i) can be denied solely because the return of income was filed belatedly, but before the completion of assessment, for Assessment Year 2017-18.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 142(1),Section 144,Section 143(3),Section 80P(2)(a)(i),Section 80A(5),Section 80AC

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Income Tax Appellate Tribunal, Visakhapatnam Bench

आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-

1. 1. निर्धाररती/The Assessee : No H1043 Bhujabalpatnam Primary Agriculture Cooperative Credit Society Ltd. D.No.1-26, Bhujabalapatnam Village, Kaikaluru Mandal – 521340, Krishna District, Andhra Pradesh. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward-1, Gudivada.

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