MSEB EMPLOYEE CO OPERATIVE CREDIT SOCIETY LTD JALNA,JALNA vs. ITO WARD 1 JALNA, JALNA

ORDER

PER DR. DIPAK P. RIPOTE, AM:

1. The Id. CIT(A) erred in dismissing the appeal in limine refusing MSEB Employee Co Operative Society Ltd., Jalna [A] to condone the delay in filing the appeal even when assessee substantiated sufficient cause for the delay. It is prayed that the appellate order may please be set aside with suitable direction to the Id. CIT(A) to condone the delay and decide the appeal on merits after considering the submissions made by the assessee as per the provisions of section 250(6) of Income Tax Act.

2. The Id. CIT (A) erred in dismissing the appeal without considering the detailed submission filed on 06-05-2024 on the efiling portal of income tax department. It is prayed that the appellate order may please be set aside with suitable direction to decide the appeal de novo after considering the submission filed by the assessee.

3. The AO and CIT (A) both erred in disallowing the deduction claimed u/s 80P Rs 45,44,082. It is prayed that, the assessee being credit cooperative society is eligible for deduction u/s 80P and same may please be allowed.”

Submission of ld.Authorised Representative(ld.AR) : 2. The ld.Authorised Representative(ld.AR) for the Assessee submitted that assessee’s appeal was dismissed by the ld.CIT(A) without discussing each and every ground and merits of the case and dismissed for delay of 483 days.

2.1 The ld.AR for the assessee under Form No.35 submitted following reasons for delay :

MSEB Employee Co Operative Society Ltd., Jalna [A]

“1. We are completely unaware of provisions of income tax Act, rules and procedures thereon.

2.2 Hence, ld.AR requested for one more opportunity of being heard to the assessee.

3. Ld.DR for the Revenue strongly supported the order of the ld.CIT(A). Considering the reasons submitted by the Assessee for condonation of delay of 483 days in filing appeal. We are convinced that there was reasonable cause for Delay.

4. We are convinced that there was sufficient reason for delay in filing appeal. As substantial justice should prevail over procedures, in the interest of justice. Therefore, in the larger interest of justice, we direct the ld.CIT(A) to condone the delay in the appeal and decide the issue on merits. Accordingly, order of ld.CIT(A) is set-aside to ld.CIT(A) for de-novo adjudication. The MSEB Employee Co Operative Society Ltd., Jalna [A] ld.CIT(A) shall provide an opportunity of being heard to the assessee. Accordingly, grounds of appeal raised by the assessee are allowed for statistical purpose.