FACT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED NO E663,ERNAKULAM vs. ITO, WARD-1, ALUVA
What did the Tribunal hold?
The Tribunal set aside the CIT(A)'s order and remitted the issue back to the CIT(A) for a decision on merits. This was based on the assessee's explanation for non-appearance and the fact that the CIT(A) had not adjudicated the issue on merits.
What were the facts?
The assessee, a co-operative credit society, claimed deduction under Section 80P. The assessment was completed ex-parte under Section 144, disallowing the deduction. The appeal before the CIT(A) was dismissed for non-prosecution due to the assessee's failure to respond to notices.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal for non-prosecution without considering the merits, and whether the assessee's reasons for non-appearance were valid.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN
Before: SHRI WASEEM AHMED & SHRI SOUNDARARAJAN K.
ORDER PER BENCH This is an appeal filed by the assessee challenging the order of the NFAC, Delhi dated 26/02/2024 in respect of the A.Y. 2020-21.
The brief facts of the case are that the assessee filed their return of income in the status of Co-operative Credit Society and claimed the entire income as deduction u/s. 80P of the Act. Since the assessee had not appeared before the authorities, the assessment was completed u/s. 144 of the Act disallowing the deduction u/s. 80P(2)(a)(i) of the Act. As against the said order, the assessee filed an appeal before the Ld.CIT(A). The Ld.CIT(A) at the time of appeal proceedings, had issued several notices for which the assessee had not responded and therefore the Ld.CIT(A) had dismissed the appeal for non-prosecuting the same.
As against the said ex-parte order, the assessee is in appeal before this Tribunal.
At the time of hearing, the Ld.AR submitted that the assessee being a society was not well versed in the e-assessment proceedings and also notices were sent to the different email ID and therefore they are not able to view the portal and appeared before the Ld.CIT(A). The Ld.AR therefore prayed for one more opportunity to appear before the Ld.CIT(A). The Ld.DR relied on the orders of the lower authorities.
We have heard the arguments of both sides and perused the materials available on record.
Even though, the assessee had raised various grounds in support of their case, we are not inclined to adjudicate the same for the simple reason that the Ld.CIT(A) had no occasion to consider the issue on merits. Further the reasons stated by the assessee for the non appearance is also not disputed by the authorities. In view of the same, we are inclined to set aside the order of the Ld.CIT(A) and remit the issue to the file of Ld.CIT(A) to decide the same on merits in accordance with law.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 28th October, 2024.
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 →- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026
- Ramesh K Devadiga vs. Khernagar Nandadeep Co Operative Housing Society LTDBombay · 14 Oct 2026
- Ramesh K Devadiga And Ors vs. Khernagar Nandadeep Co-Operative Housing Society LTD And OrsBombay · 14 Oct 2026