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Facts
The assessee, an apex cooperative society, filed an appeal against the CIT(A) order, which was delayed by 316 days. The assessee stated that it went into liquidation and the Official Liquidator was unable to represent the matters properly before the lower authorities due to paucity of time.
Held
The Tribunal condoned the delay in filing the appeal. Considering the liquidation of the assessee and the Official Liquidator's commitment to cooperate, the issues were restored to the file of the Assessing Officer for readjudication, granting the assessee an opportunity to be heard.
Key Issues
Whether to condone the delay in filing the appeal and whether to restore the issues to the Assessing Officer for readjudication in light of the assessee being in liquidation.
Sections Cited
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI MADHUSUDAN SAWDIA
Assessee represented by Shri A.K. Roy & Shri Jiten Kumar Mishra A.Rs. Department represented by Shri Ashim Kumar Chakraborty, CIT-DR Date of hearing 23/02/2026 Date of pronouncement 23/02/2026 O R D E R PER: BENCH 1. This is an appeal filed by the assessee against the order of the ld. CIT(A), NFAC, Delhi in Appeal No. NFAC/2017-18/10023392 dated 03/02/2025 for the A.Y. 2018-19.
Shri A.K. Roy & Shri Jiten Kumar Mishra ld. A.Rs. appeared on behalf of the assessee and Shri Ashim Kumar Chakraborty, CIT-DR represented on behalf of the revenue.
The appeal of the assessee is delayed by 316 days. In this regard, the assessee has filed an application for condonation of delay in the form of affidavit stating therein sufficient reasons for delay in filing the appeal before the Tribunal, which are not found to be false. Ld. CIT- DR did not object to condone the delay. Accordingly, we condone the delay of Orissa State Co-op Agricultural & Rural Devl. Bank Vs DCIT days in filing the appeal before the Tribunal and appeal of the assessee is admitted for hearing.
It was submitted by the ld. AR that the assessee is an apex cooperative society. It was providing loans to agricultural farmers through primary cooperative societies. It was the submission that the loans given by the assessee were refinanced by the NABARD. It was the submission that subsequently, NABARD stopped refinancing the assessee. The assessee went into liquidation. The Official Liquidator has been appointed. Due to the paucity of time, the Official Liquidator was unable to represent the matters before the Assessing Officer or the ld. CIT(A) in its proper manner. It was a prayer that the issues may be restored to the file of the Assessing Officer and that the Official Liquidator would do the needful and made necessary representation before the Assessing Officer.
In reply, the ld. CIT-DR submitted that the assessee has disclosed NIL income but has also claimed current year losses. It was the submission that this seems to be some error in this matter which would really need to be investigated also. He did not raise any serious objection in regard to the issues to be restored to the file of Assessing Officer for readjudication.
We have considered the rival submissions and it is noticed that the assessee is under going liquidation and the Official Liquidator has also been appointed and as the commitment has been made that the Official Liquidator will cooperate in the set aside assessment proceedings, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer for Orissa State Co-op Agricultural & Rural Devl. Bank Vs DCIT readjudication after granting the assessee through its Official Liquidator, an opportunity of being heard.
In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 23/02/2026.