M/S.AVANAKUZHY SERVICE CO-OP SOCIETY,TRIVANDRUM vs. THE ITO, WD-2(2), TRIVANDRUM

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ITA 330/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2018-19Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI AMARJIT SINGH (Accountant Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that a belated return filed during the assessment proceedings does not disentitle the assessee to Section 80P deduction, referencing a Kerala High Court judgment. It also noted that Section 80AC was not applicable for the assessment year in question.

What were the facts?

The assessee claimed a deduction under Section 80P for income derived from deposits in cooperative banks. The lower authorities rejected this claim, citing the filing of a belated return and the applicability of Section 80AC.

What were the issues?

Whether a belated return bars a Section 80P deduction claim and whether Section 80AC is applicable to the assessment year 2018-2019.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, COCHIN BENCH : COCHIN

Before: SHRI SATBEER SINGH GODARA & SHRI AMARJIT SINGH

Hearing: 20.08.2024Pronounced: 25.09.2024

PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal, for assessment year 2018- 2019, arise against the CIT(A)-National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/ 250/2022-23/1050550437(1), dated 09.03.2023, in proceedings u/s.143(3) of the Income Tax Act, 1961 (in short “the Act”).

2 ITA.No.330 & SA.No.63/COCH./2023 Heard both the parties. Case files perused.

2.

It emerges at the outset that both the learned lower authorities have rejected the assessee’s sec.80P deduction of Rs.1,46,70,634/- derived from deposits made in cooperative bank(s)/societies, etc.,

3.

Learned DR vehemently argued in light of sec.80A(5) read with sec.80L of the Act that once the assessee filed his belated return, the impugned deduction claim(s) deserves to be rejected on the threshold itself.

4.

We find no merit in the Revenue’s instant technical arguments. We make it clear first of all that hon’ble jurisdictional high court in Chirakkal Service Co-operative Bank Ltd. v. CIT [2016] 384 ITR 490 (Ker) has considered the ambit and scope of sec.80A(5) of the Act to conclude that even a belated return; atleast filed during the course of assessment could not be rejected for the purpose declining sec.80P deduction claim.

5.

So far as the Revenue’s latter objection seeking to invoke sec.80AC of the Act is concerned, the same is admittedly applicable on or after 01.04.2018 whereas we are in assessment year 2018-2019. The Revenue failed to brought on record any 3 ITA.No.330 & SA.No.63/COCH./2023 supportive material indicating retrospective applicability of sec.80AC of the Act. We thus accept the assessee’s arguments in principle and direct the learned Assessing Officer to frame his consequential computation after verification of all the relevant facts in light of Pr. CIT vs. Peroorkada Service Co-op. Bank Ltd. [2022] 442 ITR 141 (Ker). Ordered accordingly.

6.

This assessee’s appeal ITA.No.330/Coch./2023 is allowed and stay application S.A.No.63/Coch./2023 has become infructuous. A copy of this common order be placed in the respective case files.

Order pronounced in the open Court on 25.09.2024.

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