K-293 PONNERI PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY,TIRUPUR vs. INCOME TAX OFFICER, WARD 2 (4), TIRUPUR

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ITA 742/CHNY/2024Status: DisposedITAT Chennai21 May 2024AY 2016-17Bench: HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) for fresh adjudication. The assessee was directed to substantiate its case and provide necessary information, with all issues kept open for reconsideration.

What were the facts?

The assessee, a cooperative credit society, was denied deduction under Section 80P(2)(i)(a) by the AO due to certain members lacking voting rights. The CIT(A) confirmed the assessment as the assessee did not represent the case. The assessee argued that similar deductions were allowed in other years and interest income is eligible for deduction under Section 80P(2)(d).

What were the issues?

Whether the assessee is eligible for deduction under Section 80P(2)(i)(a) and Section 80P(2)(d) on its interest income, and whether the denial of deduction was justified.

Which sections of the Income-tax Act were involved?

Section 80P(2)(i)(a),Section 80P(2)(d)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “ए” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा�� एवं माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� के सम�। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपीलसं./ (िनधा�रणवष� / Assessment Year: 2016-17) K-293 Ponneri Primary Agricultural Income Tax Officer Co Operative Credit Society Ward 2(4), बनाम/ Vs. Udumalpet to Tiruppur Road, Tirupur. Ponneri, Kottamanagalm, Udumalpet – 642 201. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABAK-3369-E (अपीलाथ�/Appellant) : (��थ� / Respondent) अपीलाथ� कीओर से/ Appellant by : Ms. Vijayalakshmi, (CA)– Ld.AR ��थ� कीओर से/Respondent by : Shri AR.V.Srinivasan (Addl.CIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 21-05-2024 घोषणा की तारीख /Date of Pronouncement : 21-05-2024 आदेश / O R D E R PER BENCH

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2016-17 arises out of an order passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 14-03-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) of the Act on 24-12-2018.

2.

The Registry has noted delay of 312 days in appeal, the condonation of which has been sought by Ld. AR. Considering the fact that the assessee is a society, we condone the delay and proceed for disposal of the appeal on merits. 3. In the assessment order, Ld. AO denied deduction u/s 80P(2)(i)(a) on the ground that the assessee had certain members who did not have any voting rights. The assessee earned interest income of Rs.0.56 Lacs from M/s Coimbatore Central Co-operative Bank. The Ld. AO, observing that surplus funds were parked with that bank, assessed the income as income from other sources. The Ld. CIT(A) confirmed the assessment for want of representation from the assessee. The Ld. AR has submitted that the impugned deduction has been granted to the assessee in other years. The Ld. AR also submitted that interest income would be eligible for deduction u/s 80P(2)(d). 4. Considering the aforesaid submissions, we restore the appeal back to the file of Ld. CIT(A) for fresh adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case and supply the requisite information. All the issues are kept open. 5. The appeal stand allowed for statistical purposes. Order pronounced on 21st May, 2024. Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (MAHAVIR SINGH) लेखा सद� / ACCOUNTANT MEMBER उपा�� / VICE PRESIDENT चे�ई Chennai; िदनांक Dated : 21-05-2024 RSR आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai/Coimbatore/Salem/Madurai 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF

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