M/s. Kodlipet VSSBN, Kodlipet PACS, Kodlipet, Somwarpet Tq., Kodagu. Karnataka – 571 231. PAN: AAAAK3383P Vs. The Income Tax Officer, Ward – 1, Madikeri.

Parties Involved

Facts Summary

The assessee, a co-operative society registered under the provisions of the Karnataka Co-operative Societies Act, filed returns of income for the Assessment Years 2017-18 and 2018-19, claiming a deduction under section 80P of the Act. The Assessing Officer disallowed the deduction on the ground that there is no mutuality. The assessee appealed to the Commissioner of Income Tax (Appeals) who rejected the appeals for non-prosecution. The assessee did not receive the hearing notices and appellate order through their registered email ID, leading to a delay in filing the present appeals. The Tribunal found the reason for the delay to be genuine and condoned the delay of 228 days.…

Legal Issues

• 1. Whether the delay in filing the appeals is justified?
• 2. Whether the disallowance of the deduction under section 80P of the Act is justified?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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