THE ERODE CITY MUNICIPAL CORPORATION EMP CO-OP T& C LIMITED,CHENNAI vs. ITO, WARD 1 (1), ERODE

In the result, the appeal in ITA No

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.509 & 510/Chny/2024 (िनधा"रणवष" / Assessment Years: 2018-2019 & 2020-2021)

section 139(4) of the Income Tax Act, 1961. Circular No. 13/2023 allows condonation of delay for deduction u/s 80P 4) The CIT(A) failed to see that CBDT had issued a Circular No. 13/2023 dated 26.07.2023 allowing the co-operative societies to claim deduction u/s 80P by filing condonation of delay Petition u/s 119(2

INCOME TAX OFFICER, WANAPARTHY BLOCK vs. TAMILNADU SPECIAL POLICE EMPLOYEES COOPERATIVE, TSP CAMP

In the result the appeal of the revenue is dismissed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:363/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Income Tax Officer, Tamilnadu Special Police Non-Corporate Ward -7(3), Vs. Employees Cooperative, Chennai – 600 034. Avadi, Chennai – 600 054. [Pan:Aafat-0366-E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. Sita Krishnamoorthy, J.C.I.T. ""थ" की ओर से/Respondent By : Shri. G. Reddi Prakash, C.A. सुनवाई की तारीख/Date Of Hearing : 12.06.2025 घोषणा की तारीख/Date Of Pronouncement : 15.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal By The Revenue Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2020-21, Dated 11.10.2024. 2. At The Outset, We Find That There Is A Delay Of 34 Days In Appeal Filed By The Revenue, For Which Petition For Condonation Of Delay Along With Reasons For Delay Has Been Filed. After Considering The Petition Filed By The Revenue & Also Hearing Both The Parties, We Find That There Is A Reasonable Cause For The Revenue In Not Filing Appeal On Or Before The Due Date Prescribed Under The Law & Thus

condone delay in filing of appeal and admit appeal filed by the revenue for adjudication. 3. The brief facts of the case are that the assessee is a cooperative society formed with the objective providing of credit facilities to its members. The assessee filed its return of income on 21.12.2020 declaring a gross total income of Rs.4

K1104 ELAYAMUTHUR PROMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY,TIRUPPUR vs. ITO, WARD 2(4), TIRUPPUR

In the result, appeals filed by the assessee for both the

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 1040 & 1041/Chny/2024 िनधा"रणवष" / Assessment Years: 2016-17 & 2017-18 K 1104 Elayamuthur Primary Income Tax Officer, Agricultural Co-Operative Credit V. Ward -2(4), Society, Tirupur. Elayamuthur, Udumalpet, Tirupur – 642 154. [Pan: Aabak-3636-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S. Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Shri. R.V. Aroonprasaad, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 23.07.2024 घोषणाकीतारीख/Date Of Pronouncement : 18.09.2024

condone delay in filing of appeals and admit appeals filed by the assessee for adjudication. 3. The assessee has raised the following common grounds of appeal for both the assessment years: 1. The Order of the Learned Commissioner (Appeals) is bad and erroneous in law. 2. The Learned Commissioner (Appeals) erred in not considering the submissions made and decisions relied

K1104 ELAAMUTHUR PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SCOIETY,TIRUPPUR vs. ITO, WARD 2(4), TIRUPPUR

In the result, appeals filed by the assessee for both the

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 1040 & 1041/Chny/2024 िनधा"रणवष" / Assessment Years: 2016-17 & 2017-18 K 1104 Elayamuthur Primary Income Tax Officer, Agricultural Co-Operative Credit V. Ward -2(4), Society, Tirupur. Elayamuthur, Udumalpet, Tirupur – 642 154. [Pan: Aabak-3636-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S. Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Shri. R.V. Aroonprasaad, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 23.07.2024 घोषणाकीतारीख/Date Of Pronouncement : 18.09.2024

condone delay in filing of appeals and admit appeals filed by the assessee for adjudication. 3. The assessee has raised the following common grounds of appeal for both the assessment years: 1. The Order of the Learned Commissioner (Appeals) is bad and erroneous in law. 2. The Learned Commissioner (Appeals) erred in not considering the submissions made and decisions relied

THE TRIPLICANE COOP CREDIT SOCIETY LTD.,CHENNAI vs. ITO, WARD-9(1), CHENNAI

Accordingly we direct\nthe AO to allow the claim of the assessee for both AY 2020-21 & 2021-22\nsince the facts are identical.\n4.\nIn result the appeal of the assessee for both AY 2020-21 & 2021-2...

section 80P(4) of the Act does not apply to the assessee's claim as the assessee is a cooperative society, not a cooperative bank functioning at par with commercial banks. The delay in filing the return was condoned. Therefore, the deduction u/s. 80P(2

THE ERODE AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETTING SOCIETY LIMITED,ERODE vs. PCIT, COIMBATORE

In the result, the appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.546/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 The Erode Agricultural Producers Co- Vs. The Principal Commissioner Of Operative Marketing Society Limited, Income Tax – Coimbatore 1, No. 293, Cauvery Road, 67-A, Race Course Road, Karungalpalayam, Erode 638 003. Coimbatore 641 018. [Pan:Aaaat8556D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate [Erode] ""थ" की ओर से/Respondent By : Shri S. Senthil Kumaran, Cit सुनवाई की तारीख/ Date Of Hearing : 08.02.2023 घोषणा की तारीख /Date Of Pronouncement : 17.02.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax – Coimbatore 1, Coimbatore, Dated 23.03.2022 Relevant To The Assessment Year 2017-18 Passed Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

delay of 38 days in filing of the appeal stands condoned and the appeal is admitted for adjudication. 3. Facts are, in brief, that the assessee is a cooperative society, involved in marketing the agriculture produce of its members. It has filed the return of income for the assessment year 2017-18 admitting total income of ₹.47,48,800/- after

THE PALLIPALAYAM FRMERS SERVICE CO-OPERATIVE SOCIETY LIMITED,NAMAKKAL vs. ITO CIRCLE 1, , ERODE

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.964/Chny/2024 िनधा8रण वष8 /Assessment Year: 2018-19

80P of the Act made by AO invoking the provisions of section 80AC of the Act, even though the application for :- 2 -: condonation of delay

INCOME TAX OFFICER, CHENNAI vs. RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY LIMITED, CHENNAI

In the result, the both the appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

condone delay in filing of appeal and admit appeal filed by the Revenue for adjudication. 4. The main grievance of the Revenue is against the action of the Ld.CIT(A) in allowing the deduction u/s.80P(2)(a)(i) of the Act on interest income earned from deposits maintained with Co-operative Banks of Rs.6,72,00,055/-. 5. Brief facts

INCOME TAX OFFICER, CHENNAI vs. RAILWAY EMPLOYEES COOPERATIVE CREDIT SOCIETY, CHENNAI

In the result, the both the appeals filed by the Revenue are dismissed

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

condone delay in filing of appeal and admit appeal filed by the Revenue for adjudication. 4. The main grievance of the Revenue is against the action of the Ld.CIT(A) in allowing the deduction u/s.80P(2)(a)(i) of the Act on interest income earned from deposits maintained with Co-operative Banks of Rs.6,72,00,055/-. 5. Brief facts

ASSISTANT COMMISSIONER OF INCOME TAX, SALEM vs. PANDYAN GRAMA BANK, SALEM

In the result, the appeal of the revenue is dismissed and the CO of the assessee is partly allowed

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.: 2870/Chny/2024 & Co No.06/Chny/2025 (In Ita No.: 2870/Chny/2024) िनधा"रण वष" / Assessment Year: 2016-17 The Assistant Commissioner Of Pandyan Grama Bank, Income Tax, Vs. Now Known As Tamil Nadu Grama Circle 1, Bank, Salem. No.6, Yercaud Road, Hasthampatty, Salem – 636 007. [Pan: Aahat-7854-K] (अपीलाथ"/Appellant) (""थ"/Respondent) Assessee By : Shri. N. Arjun Raj, Advocate & Shri. P. Gurusamy, I.T.P. Department By : Shri. Shivanand K Kalakeri, C.I.T. सुनवाई की तारीख/Date Of Hearing : 15.04.2025 घोषणा की तारीख/Date Of Pronouncement : 27.06.2025

2) of the Act, thereby vitiating the passing of the re-assessment order in its entirety. 5. The NFAC, Delhi failed to appreciate that the Assessing Officer's reference to the return of income filed by the assessee entity, more especially with regard to the claim of deduction under Section 80P of the Act for the purpose of forming

PUNALVELI WEAVERS COOPERATIVE SOCIETY,PUNALVELI vs. INCOME TAX OFFICER, WARD 3, VIRUDHUNAGAR, VIRUDHUNAGAR

In the result, the appeal filed by the assessee is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1244/Chny/2025 िनधा"रण वष"/Assessment Year: 2018-19 Punalveli Weavers Cooperative Vs. The Income Tax Officer, Society, No. 6/9, T. Vinayagar Kovil Ward 3, Street, Punalveli 626 111, Virudhunagar. Virudhunagar District. [Pan:Aaaap3467B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 03.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.02.2025 Passed By The Addl/Jcit(A)-2, Guwahati For The Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessee A Registered Co- Operative Society Engaged In Activities Classified Under The Definition Of “Weavers Society” As Per Section 2(31) Of The Tamil Nadu Co-Operative Societies Act,1983. The Assessee Filed Return Of Income On 07.10.2018

section 80P(2)(a)(ii) of the Act. But, nowhere, it was shown how the rectification of the inadvertent mistake is sufficient cause in filing the appeal before the ld. CIT(A). As held by the Hon’ble Supreme Court in several cases that the Courts/Tribunal is to be very liberal in condoning the delay

AA520 VEERAMPALAYAM PACS LTD.,ERODE vs. ITO, WARD-2(1), ERODE

In the result, the appeal filed by the assessee is allowed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:593/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Aa520 Veerappampalayam Ito, Primary Agricultural Co-Operative Vs. Ward -2 (1), Society Ltd., Erode. 1, Aa520, Veerappampalayam, Veerappampalayam Bo, Attavanai Hanumanpalli, Erode – 638 101. [Pan:Aadaa-8893-M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Ms. G. Vardini Karthik, Advocate ""थ" की ओर से/Respondent By : Shri. Kumar Chandan, Jcit (Virtual)

80P(2)(d) A. Furnishing of Return of Income Section 139(4) 1) The CIT(A) failed to see that the assessee had furnished his return of income within the time frame prescribed under section 139(4) of the Income Tax Act, 1961. B. Circular No.13/2023 allows condonation of delay

K1444 METTUPALAYAM CO-OP. BUILDING SOCIETY LIMITED,COIMBATORE vs. DCIT CPC , BEGNALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.46/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 K1444 Mettupalayam Co-Op. Building Vs. The Deputy Commissioner Of Society Limited, Co-Operative Colony, Income Tax - Cpc, Mettupalayam, Coimbatore 641 301. Bengaluru. [Pan: Aadam3770D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate [Erode] ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2023 घोषणा की तारीख /Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 26.12.2022 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Filed The Return Of Income For The Assessment Year 2018-19 On 23.03.2019 Declaring Total Income At ₹.6,64,021/- After Claiming Deduction Under Section 80P Of 2

80P of the Act without waiting for the outcome of the condonation petition filed before the CBDT. By filing copy of the petition for condonation of delay filed before the CBDT under section 119(2

DHARAPURAM PUBLIC SERVENTS CO-OP THRIFT AND CREDIT SOCIETY LTD. ,TIRUPUR vs. ITO, WARD 2(4), TIRUPUR, TIRUPUR

In the result, the appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.2148/Chny/2025 िनधा:रण वष: /Assessment Year: 2021-22

delay is hereby condoned. 3. The assessee is a co-operative credit society registered under Tamil Nadu Co-operative Societies Act and has filled return of income at Nil after claiming deduction u/s 80P of the Act. The CPC, vide intimation issued u/s.143(1) of the Act, has disallowed the claim of deduction u/s. 80P(2

S2754 SLM CORPORATION ELE AND MID SCHOOL TEACHERS COOP T 7C SOC LIMITED,SALEM vs. ADIT,CPC, BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.38/Chny/2023 िनधा"रण वष"/Assessment Year: 2019-20 S2754 Slm Corporation Ele & Mid Vs. The Assistant Director Of School Teachers Co-Op. T & C Soc. Income Tax - Cpc, Ltd., No. 22, Car Street, Bengaluru. Salem 636 001, Tamil Nadu. [Pan: Aaras6200L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate [Erode] ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.03.2023 घोषणा की तारीख /Date Of Pronouncement : 29.03.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 25.11.2022 Relevant To The Assessment Year 2019-20. 2. Brief Facts Of The Case Are That The Assessee Filed The Return Of Income For The Assessment Year 2019-20 On 03.10.2020 Admitting Nil Income, After Claiming Deduction Under Section 80P Of The Income Tax

80P of the Act. 3. The assessee carried the matter in appeal before the ld. CIT(A) and submitted that the assessee has filed condonation petition under section 119(2)(b) of the Act before the CBDT requesting for condonation of delay

THE DHARMAPURI DT. CO-OP SUGAR MILLS LTD.,SALEM vs. ITO, WARD-1,, DHARMAPURI

In the result, the appeal filed by the assessee is allowed

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.389/Chny/2025 िनधा"रण वष"/Assessment Year: 2013-14 The Dharmapuri Dt. Co-Op. Sugar Vs. The Income Tax Officer, Mills Ltd., No. 1, Thimmana Halli, Ward 1, Hosur Road, Palacode 636 808, Dharmapuri. Dharmapuri District, Tamil Nadu. [Pan:Aaaat3145Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate (Erode) ""थ" की ओर से/Respondent By : Shri P. Krishna Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.05.2025 घोषणा की तारीख /Date Of Pronouncement : 29.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.05.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2013-14. 2. We Find That This Appeal Is Filed With A Delay Of 191 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

delay is condoned and admitted the appeal for adjudication. 3. The assessee raised 10 grounds of appeal amongst which the only issue emanates for our consideration as to whether the ld. CIT(A) is justified in confirming the order of the Assessing Officer in denying deduction under section 80P(2

THE TRIPLICANE COOP CREDIT SOCIETY LTD.,CHENNAI vs. ITO, WARD-9(1), CHENNAI

Bench: Shri Aby T. Varkey & Ms. Padmavathy.Sआयकर अपील सं./Ita No.2992&2993/Chny/2025 िनधा"रण वष" /Assessment Year: 2020-21 & 2021-22

section 80P(2)(d) of the Act. The coordinate bench in several judicial proceedings has been consistently holding a similar view. Now coming to the issued deduction u/s.80P(2)(d) being The Triplicane Coop Credit Society Ltd. :- 4 -: disallowed on the ground of return not being filed on time, the ld AR during the course of hearing submitted that

ASHOK LEYLAND EMPLOYEES CO OPERATIVE SOCIETY LIMITED,CHENNAI vs. ITO NON CORP WARD 4(1), CHENNAI

In the result the appeal filed for the A

section 80P(2)(a)(i) of the act.\n6. The Ld. Assessing officer erred in relying on the case law where\nthe facts are different from the appellant's case.\n7. The appellant pleads for an opportunity to explain its case\nbefore your good self.\n8. The Appellant seeks your leave to add, alter, amend or delete\nany grounds urged

AA547 KALICHETTIPALAYAM PACCS,KALICHETTIPALAYAM vs. DEPUTY DIRECTOR OF INCOME TAX, BENGALURU

In the result, the appeal of the assessee is allowed for statistical\npurposes

condoned the delay.", "result": "Allowed", "sections": [ "80P(2)(a)(i)", "80P(2)(d)", "143(1A)" ], "issues": "Whether the delay of 54 days