HIMACHAL MITRA MANDAL CO OP CREDIT SOCIETY LTD ,MUMBAI vs. ITO WARD 27(1)(3), MUMMBAI

Being aggrieved, the Assessee preferred appeal before Learned CIT(A). During the appellate proceedings vide Letter, dated Assessment Year 2014-2015 14/06/2025, the Assessee sought time for filing written submissions. In the said letter the Assessee placed also placed reliance upon the decision of the Tribunal in Assessee’s own case for the Assessment Year 2009-2010 [ITA No.7394/Mum/2012, dated 26/02/2014]. The Learned CIT(A) noted that a copy of the aforesaid decision was not furnished by the Assessee. Therefore, the Learned CIT(A) dismissed the appeal preferred by the Assessee vide Order, dated 06/10/2025, observing that despite seeking adjournments the Assessee had failed to file submissions and/or provide a copy of the aforesaid decision of the Tribunal.

Being aggrieved, the Assessee has now preferred the present appeal before the Tribunal.

When the appeal was taken up for hearing, the Learned Authorized Representative for the Assessee, at the outset, submitted that the Learned CIT(A) had dismissed the appeal preferred by the Assessee on technical ground without returning any findings on merits. It was further submitted that in Assessee’s own case for Assessment Year 2014-2015 [ITA No.777/Mum/2025, dated 06/10/2025], the Tribunal had held that Assessee is a Co-operative Society (and not a Co- operative Bank) and therefore, Section 80P(4) of the Act would have no application to the case of the Assessee. Thus, the Assessee was eligible to claim deduction under Section 80P of the Act.

The Learned Departmental Representative pointed out that the decision of the Tribunal in the case of the Assessee for the Assessment Year 2014-2015, on which reliance was placed by the Authorized Representative for the Assessee was passed on 06/10/2025. It was submitted that the Learned CIT(A) did not have the benefit of the aforesaid decision of the Tribunal.

We have considered the rival submissions and have perused the material on record. We are of the view that the Order, dated 3 Assessment Year 2014-2015 06/10/2025, passed by the Learned CIT(A) dismissing the appeal preferred by the Assessee cannot be sustained since the Learned CIT(A) has not dealt with the grounds raised by the Assessee on merits. Further, we note that vide Order, dated 06/10/2025, passed in (related to Assessment Year 2014-2015), the Tribunal had partly allowed the appeal preferred by the Assessee against the order passed by the Learned Commissioner of Income-tax, Appeal, ADDL/JCIT(A)-2, Noida in relation to order dated 31/03/2021 passed under Section 201(1)/201(1A) of the Act for the Assessment Year 2014-2015. While dealing with the applicability in Section 194A(3)(v) of the Act read with Section 201(1)/201(1A) of the Act, the Tribunal held that the Assessee was not a bank but merely a credit cooperative society. Therefore, we set aside the Order, dated 06/10/2025, passed by the Learned CIT(A) with the directions to the Learned CIT(A) to adjudicate the grounds raised by the Assessee in appeal filed before Learned CIT(A) afresh after taking into consideration the aforesaid decision of the Tribunal and after granting the Assessee reasonable opportunity of being heard. Since we have restored the issue back to the file of the Learned CIT(A), all the rights and contentions of the Assessee are left open. Thus, Ground No.1 and 4 raised by the Assessee are allowed for statistical purposes while Ground No.2 and 3 are dismissed as having been rendered infructuous at the present stage.

In terms of Paragraph 8 above, the present appeal preferred by the Assessee is partly allowed.