THE PAYAKARAOPETA WOMENS MUTUALLY AIDED CO OP THRIFT CREDIT SOCIETY LIMITED,PAYAKARAOPETA vs. ACIT, CIRCLE-5(1), VISAKHAPATNAM

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ITA 371/VIZ/2025Status: DisposedITAT Visakhapatnam18 September 2025AY 2010-11Bench: the Tribunal. In respect of belated filing of the appeal, the Ld. Authorized Representative filed a petition along with an affidavit stating that due to inadvertent oversight in tracking the date, the appeal before the Tribunal was filed belatedly on 02nd June, 2025 instead of 31st May, 2025 resulting in a delay of 02 days. It was further submitted that the delay is neither intentional nor deliberate but solely due to human error and therefore pleaded that the delay of 02 days may be condon7 pages

AI SummaryRemanded

Facts

The assessee, a co-operative society, claimed a deduction U/s. 80P of the Income Tax Act for AY 2010-11, declaring NIL income. The Assessing Officer disallowed interest income from Fixed Deposits, bank balance, and staff loans, passing an order U/s. 143(3). The Ld. CIT(A) subsequently dismissed the assessee's appeal ex-parte on two occasions due to non-compliance, despite a previous remand order from the Tribunal.

Held

The Tribunal condoned a 2-day delay in filing the appeal and, noting the assessee's plea for a final opportunity, remitted the matter back to the Ld. CIT(A) for fresh adjudication. The CIT(A) is directed to pass an order within 90 days, with a caution to the assessee to cooperate, failing which the CIT(A) may pass an order on merits.

Key Issues

Whether the CIT(A) was justified in dismissing the appeal ex-parte due to non-compliance, and the eligibility of interest income for deduction U/s. 80P(2)(d) of the Act.

Sections Cited

143(3), 80P, 143(2), 142(1), 250, 254, 250(6), 80P(2)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

For Appellant: Dr. Aparna Villuri, Sr. AR

आदेशकी�ितिलिपअ�ेिषत/ Copy of the order forwarded to:- 1. िनधा�रती/The : The Payakaraopeta Women’s Mutually Aided Coop Thrift & Credit Society Limited, Assessee Plot No. 3 & 4, Siva Surya Apartments, Ground Floor, Main Road, Payakaraopeta- 531126, Andhra Pradesh. 2. राज�/ : ACIT, Circle-5(1), Visakhapatnam. The Revenue 3. The Principal Commissioner of Income Tax, 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण /DR,ITAT, Visakhapatnam. 5. The Commissioner of Income Tax 6. गाड�फ़ाईल / Guard file

7 ITA No. 371/Viz/2025 The Payakaraopeta Women’s Mutually Aided Coop Thrift & Credit Society Limited vs. ACIT

आदेशानुसार / BY ORDER

Sr. Private Secretary ITAT, Visakhapatnam.