THE VATTANATHRA SERVICE CO-OP SOCIETY LTD,THRISSUR vs. THE ITO WARD 2(1), THRISSUR

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ITA 540/COCH/2023Status: DisposedITAT Cochin07 November 2024AY 2009-10Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that even a belated return, prior to the amendment of Section 80AC w.e.f. 01.04.2018, is eligible for Section 80P deduction. Therefore, the CIT(A)'s findings were not upheld.

What were the facts?

The assessee, a cooperative bank, claimed deduction under Section 80P. The lower authorities rejected the claim based on Section 80A(5) for filing the return belatedly. The assessee appealed to the ITAT.

What were the issues?

Whether a belatedly filed return is eligible for deduction under Section 80P of the Income-tax Act, 1961, prior to the amendment of Section 80AC.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80A(5),Section 80AC

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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

Hearing: 23.08.2024Pronounced: 07.11.2024

O R D E R Per Bench : These assessee’s twin appeals & 540/ Coch/2023 along with it’s stay applications S.A.Nos.113 & 114/Coch./2023, for assessment years 2010-11 & 2009- 2010, arise against the CIT(A)-National Faceless Appeal Centre, Delhi, Delhi’s DIN & Order Nos.ITBA/NFAC/S/250/ 2023-24/1052930153(1) and 1052924507(1), both dated 17.05.2023, in proceedings u/s.143(3) r.w.s. 147 and sec.154 of the Income-tax Act, 1961 [in short “the Act”]; case-wise; respectively.

2.

It emerges during the course of hearing in the assessee’s “lead” appeal ITA.No.539/Coch./2023 for assessment year 2010-2011 that both the learned lower authorities have quoted sec.80A(5) for rejecting assessee’s sec.80P deduction claim on the ground that it had filed its return claiming the same “belatedly”.

3.

Learned DR strongly relies upon the CIT(A)’s lower appellate discussion seeking to distinguish the hon’ble jurisdictional high court decision in Chirakkal Service Co- operative Bank Ltd. v. CIT [(2016) 384 ITR 490 (Ker.)]. by way of some other judgments wherein 80A(5) was nowhere applicable.

4.

Faced with this situation, we are of the considered view that even a belated return, prior to sec.80AC amendment w.e.f. 01.04.2018, is eligible for 80P deduction and therefore, there is no reason for us to uphold ld.CIT(A)’s findings herein. We thus deem it appropriate to restore the assessee’s instant appeal back to the CIT(A) for fresh decision on merits in above terms. Ordered accordingly.

5.

The assessee’s latter appeal ITA.No.540/Coch./2023 also follows the suit since involving sec.154 consequential rectification. Ordered accordingly.

1.

& 539 along with SA.Nos.114 & 113/Coch/2023. The Vattanathra SC.B Limited. 6. These assessee’s twin appeals ITA.Nos.539 & 540/Coch /2023 are allowed for statistical purposes and it’s stay applications SA.Nos.113 & 114/Coch/2023 are dismissed as rendered infructuous. A copy of this common order be placed in the respective case files.

Order pronounced in the open court on this 7th day of November, 2024.

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