PATTAMBI SERVICE CO-OPERATIVE BANK LTD,PATTAMBI vs. ITO, PALAKKAD
What did the Tribunal hold?
The Tribunal held that the CIT(A) is obligated to decide appeals on merits and cannot dismiss them solely for non-prosecution. The matter was remanded back to the CIT(A) for a decision on merits.
What were the facts?
The assessee, a co-operative society, filed Nil income returns for AYs 2020-21 and 2021-22. The AO made additions under Section 80P(2)(a)(i) due to non-response to notices. The CIT(A) dismissed the appeals in limine for want of prosecution.
What were the issues?
Whether the CIT(A) can dismiss an appeal in limine for want of prosecution without adjudicating the merits of the case.
Which sections of the Income-tax Act were involved?
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- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM
O R D E R Per: Inturi Rama Rao, AM These appeal filed by the assessee are directed against separate orders of the National Faceless Appeal Centre, Delhi [CIT(A)] both dated 31.10.2023 for Assessment Years (AYs) 2020-21 & 2021-22.
Brief facts of the case are that the assessee, a co-operative society registered under the Kerala Co-operative Societies Act, 1969, filed its return of income for AYs 202021 & 2021-22 on 09.11.2020 & 15.02.2022 respectively declaring Nil income. Since the assessee could not respond to the notices, the Income Tax Officer, Palakkad (hereinafter “the AO”) issued show cause notices. However, there had been & 909/Coch/2023 Pattambi Service Co-op. Bank Ltd. no response from the assessee to the show cause notices. Under the circumstances the AO completed the assessments by making additions u/s. 80P(2)(a)(i) of the Act.
Being aggrieved, an appeal was filed before the CIT(A) who vide the impugned order dismissed the appeals of the assessee in limine for want of prosecution placing reliance of the decision in the case of CIT vs. B.N. Bhattachargee & Another 118 ITR 461.
Being aggrieved, the assessee is in appeals before the Tribunal in the present appeal raising various grounds for both the assessment years.
We have heard the rival contentions of both the parties and perused the material available on record. At the outset we find that the CIT(A) dismissed the appeals in limine for non-prosecution without entering into the merits of the issue involved in the appeal. It is settled position of law that the CIT(A) is bound to dispose of the issues in appeal on merits by adverting to the facts of the facts of the case and discussing the legal position governing the issue in appeal. However, in the present case the CIT(A) merely dismissed the appeal in limine, contrary to the settled position of law. Therefore, we remand the matter back to the file of CIT(A) with a direction to dispose of the appeals on merits in accordance with law after providing opportunity of hearing to the assessee.
This assessee’s appeals are allowed for statistical purposes.
More judgments on Section 80P(2)(a)(i)
- 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
- The Development Multipurpose Credit &… vs ITO Ward 2 (4), Porbandar, GujaratITA 458/RJT/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Hislop College Employees Cooperative Credit… vs ITO Ward 2(3), NagpurITA 184/NAG/2026[2018-19]Status: Disposed14 Oct 2026AY 2018-19
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
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