Jagruti Co Op Hsg Soc Ltd, Mumbai vs. ITO Ward (197)(6), Mumbai
In the result, the appeal by the Assessee stands allowed
ITA 372/MUM/2025[2014-15]Status: DisposedITAT Mumbai12 Jun 2025AY 2014-15
Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 M/S. Jagruti Co Op Hsg Soc Ito Ward –(197)(6) Ltd. Cpc Bangaluru, L.J. Road Mahim, Vs. 560500. Mumbai-400016. Pan: Aaaat9842L (Appellant) (Respondent) Present For: Assessee By : Shri Pratik Jain, Ld. A.R. Revenue By : Shri Kavan Limbasiya, Ld. D.R. Date Of Hearing : 12.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.11.2024, Impugned Herein, Passed By The Addl/Jcit (A) (In Short Ld. Addl/Joint Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. In This Case, The Intimation/Order U/S. 143(1) Of The Act Was Issued On Dated 20.05.2015 By The Ito Ward-(197) (6) Mumbai, Whereby The Deduction Claimed By The Assessee U/S. 80(2)(D) Of The Act Amounting To Rs. 7,36,459/- Earned On Its Investment & Saving Bank Account Maintained With Saraswat Co-Operative Bank & The Nkgsb Co-Operative Bank Was Disallowed. The Assessee Against The Said Intimation Dated 20.05.2015 Filed A Rectification Application U/S. 154 Of The Act, However, No Order For Rectification Has Ever Been Passed By The Cpc. The Assessee On Realizing Its 2 M/S. Jagruti Co Op Hsg Soc Ltd. Mistake Challenged The Said Intimation U/S. 143(1) Dated 25.05.2025 By Filing First Appeal On Dated 12.06.2024 But With The Delay Of More Than 9 Years. The Ld. Addl/Joint Commissioner By Considering The Peculiar Facts & Circumstances Of The Case, Ultimately Declined To Entertain The Request For Condonation Of Delay & Dismissed The Appeal Of The Assessee In Limine Without Making Any Discussion On Merit Or On Any Other Aspect.
For Appellant: Shri Pratik Jain, Ld. A.RFor Respondent: Shri Kavan Limbasiya, Ld. D.R
Section 14Section 143(1)Section 154Section 250Section 80(2)(d)Section 80P(2)(d)
…ied the deduction under section 80P(2)(d) of the Act on the basis that the Co-operative Bank is covered under the provisions of section 80P(4) of the Act. We find that the Hon'ble Supreme Court in Mavilayi Service Cooperative Bank Ltd. vs CIT, Calicut, [2021] 431 ITR 1 (SC) while analyzing the provisions of section 80P(4) of the Act held that section 80P(4) is a proviso to the main provision contained in section 80P(1) and (2) and excludes only Cooperative Banks, which are Co-operative Societies and also possesses a licence from RBI to do banking business. The Hon'ble Supreme Court further held that the limited o…