M/S.KARAKULAM SERVICE CO-OPERATIVE BANK LTD.,TRIVANDRUM vs. THE ITO,WARD 21), TRIVANDRUM

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ITA 753/COCH/2023Status: DisposedITAT Cochin25 September 2024Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) had not properly examined the assessee's explanation for the delay, considering its status as a co-operative society. Therefore, the appeals were remitted back to the CIT(A) for fresh consideration.

What were the facts?

The assessee, a co-operative society, failed to file its income tax returns within the due dates for assessment years 2011-12 and 2012-13. Penalties were levied under Section 271F for this delay.

What were the issues?

Whether the delay in filing the return of income by a co-operative society can be considered without reasonable cause, and if the CIT(A) properly examined such explanations.

Which sections of the Income-tax Act were involved?

Section 271F,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 12.08.2024Pronounced: 25.09.2024

Appellant by: ------- None ------- Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 12.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench These assessee’s twin appeals arise against the orders of the National Faceless Appeal Centre, Delhi [CIT(A)] in proceedings u/s. 271F of the Income Tax Act, 1961 (the Act) as below: - DIN & Order No. Date No. 1 752/Coch/2023 2011-12 ITBA/NFAC/S/250/2023- 29.08.2023 24/1055562226(1) 2 753/Coch/2023 2012-13 ITBA/NFAC/S/250/2023- 29.08.2023 24/1055562043(1) Cases called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

2.

The Revenue reiterates the fact that both the lower authorities have rightly invoked section 271F penalty(ies) herein, since the assessee had &753/Coch/2023 Karakulam SCB Ltd. failed to file its returns within the “due” date(s) but also there is no reasonable cause made out in either of these assessment years explaining the delay in question.

3. Faced with this situation, it emerges upon perusal of both these case files that the learned CIT(A) has not examined the assessee’s explanation in the light of the fact that it is a co-operative society, governed by various rules made by the State Government, wherein such a delay could not be altogether ruled out. We deem it as a fit case to remit both these appeals back to the learned CIT(A) for his afresh and proper consideration as per law after giving due opportunity to the assessee u/s. 250(6) of the Act. Ordered accordingly.

3.

To sum up, these assessee’s twin appeals & 753/Coch/2023 are allowed for statistical purposes in the above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open court on 25th September, 2024.

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