SHRI. VISHWAKARMA HINDULIDA VARGAGAL VIVIDODDESHA SAHAKARA SANGHA NI KOPPAL ,KOPPAL vs. INCOME TAX OFFICER, WARD-1, , KOPPAL

Facts

The assessee, a co-operative society, filed a return declaring nil income, claiming deduction under Section 80P. The return was processed under Section 143(1), and the income was enhanced due to disallowance of the deduction. The assessee filed an appeal before the NFAC with a delay, which was rejected ex-parte without condoning the delay.

Held

The Tribunal found that the income declared by the assessee and the claimed deduction under Section 80P were not adjudicated by the Assessing Officer. Therefore, the order of the NFAC, which rejected the appeal ex-parte by not condoning the delay, was set aside.

Key Issues

Whether the NFAC was justified in rejecting the appeal ex-parte without condoning the delay, and whether the deduction under Section 80P was properly adjudicated by the AO.