CHITTATTUKARA PANCHAYAT SERVICE CO-OP BANK LTD,ERNAKULAM vs. THE ITO WARD 1 & TPS, ALUVA
What did the Tribunal hold?
The Tribunal held that the CIT(A) should have decided the appeal on merits, even in the absence of the assessee. The CIT(A)'s approach was contrary to established legal principles.
What were the facts?
The assessee, a cooperative society, claimed exemption under Section 80P. The Assessing Officer denied this exemption, treating it as a cooperative bank. The CIT(A) dismissed the assessee's appeal for non-prosecution.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal for non-prosecution instead of deciding it on merits. Whether the assessee is eligible for exemption under Section 80P.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- PCIT v. Premkumar Arjundas Luthra132 citing279 CTR 614 · HC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Inturi Rama Rao & Shri Prakash Chand Yadav
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
O R D E R
Per Inturi Rama Rao, AM :
This appeal filed by the assessee along with stay application are directed against the order of the CIT(A) / NFAC DIN & Order No.ITBA/NFAC/S/250/2023-24/1053685794(1) dated 13th June, 2023 for the assessment year 2017-2018.
At the outset we find that there is a delay in filing the present appeal by 24 days. The assessee filed a petition along . Chittattukara Panchayat SCB Limited. with an affidavit praying for condonation of delay on the ground that the order passed by the CIT(A) was not served physically but through e-mail which was not noticed by the assessee. The assessee came to know about the dismissal of the appeal only when he received the demand notice from the Income Tax Officer, Ward-1 & TPS Aluva on 17.08.2023. Therefore, there is no willful negligence or deliberate latches on the part of the assessee in not filing the appeals within the stipulated time limit. Thus, he prayed that the delay be condoned in the interest of justice adopting a liberal view.
On the other hand, the learned CIT-DR has not seriously opposed the condonation of delay.
There is no material on record to disbelieve the averments made in the affidavit explaining the reasons for the delay in filing the present appeal. Keeping in view the salutary principle of law that ordinarily the litigant does not stands gain anything by filing the appeal belatedly. We are of the considered opinion that it is a fit case for condoning the delay. Accordingly we condone the delay and admit the appeal for adjudication.
Briefly stated the facts of the case are that the assessee is a co- operative society registered under the Kerala Co-operative Societies Act, 1969, as a primary agricultural credit society. The return of income for assessment year 20917-2018 was filed declaring `Nil’ income after . Chittattukara Panchayat SCB Limited. claiming exemption deduction u/s.80P of the Income-tax Act, 1961. Against the said return of income, the assessment was completed by the Assessing Officer (AO) vide order dated 23.12.2019 passed u/s.143(3) of the Act at a total income of Rs.66,38,300. While doing so the AO denied the exemption u/s.80P of the Act by holding that the assessee is a co-operative bank and hit by the provisions (4) of sec.80P of the Act. Being aggrieved, an appeal was filed before the Commissioner of Income-tax (Appeals), who vide the impugned order, dismissed the appeal in limine for non-prosecution.
Being aggrieved, the assessee is in appeal before us in the present appeal. When the appeal was called, none appeared on behalf of the assessee despite of due service of notice, however, filed written submissions.
After duly considering the written submission and hearing the learned Senior Departmental Representative, we dispose of this appeal as under.
We have heard the learned Sr. DR and perused the material on record. At the outset we find that the CIT(A) has dismissed the appeal in limine for non-prosecution. It is trite law that the CIT(A) is duty bound to dispose of the appeal on merits even in the absence of the assessee as held by Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614.Thus, the . Chittattukara Panchayat SCB Limited. approach adopted by the CIT(A) is contrary to the well settled position of law. Therefore, the order passed by the CIT(A) is set aside and the matter is remanded to the file of the CIT(A) for de novo disposal of the appeal in accordance with law after affording due opportunity of being heard to the assessee.
Since we have disposed of the quantum appeal, the stay application filed by the assessee is dismissed as rendered infructuous.
In the result, the appeal filed by the assessee is allowed for statistical purposes and the stay application is dismissed.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Sushama Mishra vs. The Commissioner Of CT And GST, Odisha, KatakOrissa · 28 Oct 2026
- Saudamini Samantray vs. Assistant Commissioner Of State Tax, CT And GST, Bhubaneswar IiOrissa · 28 Oct 2026
- M/S. Keshav Rice Mill, Ganjam vs. Chief Commissioner, CT And GST, Odisha, KatakaOrissa · 28 Oct 2026
- M/S. Nanda Contruction PVT. LTD., Angul vs. Additional Commissioner, GST And Central Excise Commissionerate, SundergarhOrissa · 28 Oct 2026
- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026