ITAT Cochin Judgments — April 2025

The Tribunal remanded the matter to the AO for re-examination. The assessee is directed to furnish specific details of interest receipts from other cooperative societies or cooperative banks, which, if proven, would be eligible for deduction under Section 80P(2)(d) as per jurisdictional High Court precedents.

The tribunal found that the CIT(A) erred by dismissing the appeal for non-prosecution without adjudicating the issues on merit, thereby denying natural justice. Consequently, the tribunal remanded the entire matter back to the ld. CIT(A)/NFAC for fresh adjudication, directing the assessee to produce all necessary documents and ensuring a reasonable opportunity of being heard.

The Tribunal granted the assessee's request to withdraw the appeal, allowing the assessee the liberty to revive or reinstate the appeal if their application under the DTVSV scheme is rejected. Consequently, the appeal was dismissed as withdrawn.

The Tribunal observed that the CIT(A)'s orders were ex-parte due to the assessees' non-appearance. In the interest of natural justice and equity, and as a last opportunity, the Tribunal restored all the penalty appeals to the file of the CIT(A) for fresh adjudication. The assessees were directed to cooperate with the Revenue and avoid unnecessary adjournments.

Following the jurisdictional Kerala High Court judgment, the Tribunal held that a deduction under Section 80P cannot be allowed if the assessee has failed to file a valid return of income within the due date prescribed under Section 139(1) of the Income Tax Act. The provisions of Section 80A(5) and the amended Section 80AC mandate that such claims must be made in a duly filed return.

The Tribunal observed that the CIT(A)'s orders were ex-parte due to the assessees' non-appearance. In the interest of natural justice and equity, and as a last opportunity, the Tribunal restored all the penalty appeals to the file of the CIT(A) for fresh adjudication. The assessees were directed to cooperate with the Revenue and avoid unnecessary adjournments.

The Tribunal observed that the CIT(A)'s orders were ex-parte due to the assessees' non-appearance. In the interest of natural justice and equity, and as a last opportunity, the Tribunal restored all the penalty appeals to the file of the CIT(A) for fresh adjudication. The assessees were directed to cooperate with the Revenue and avoid unnecessary adjournments.

The Tribunal permitted the assessee to withdraw the appeal. It also granted the assessee the liberty to revive the appeal if the application filed under Form No. 1 of the DTVSV Scheme is rejected for any reason.

The Tribunal observed that the CIT(A)'s orders were ex-parte due to the assessees' non-appearance. In the interest of natural justice and equity, and as a last opportunity, the Tribunal restored all the penalty appeals to the file of the CIT(A) for fresh adjudication. The assessees were directed to cooperate with the Revenue and avoid unnecessary adjournments.

The Tribunal observed that the CIT(A)'s orders were ex-parte due to the assessees' non-appearance. In the interest of natural justice and equity, and as a last opportunity, the Tribunal restored all the penalty appeals to the file of the CIT(A) for fresh adjudication. The assessees were directed to cooperate with the Revenue and avoid unnecessary adjournments.