Sekhari Ganna Vikas Samiti Ltd. vs. Income Tax Officer

Parties Involved

Facts Summary

Sekhari Ganna Vikas Samiti Ltd., a cooperative society of farmers, filed its return of income for the assessment year 2020-21 declaring total income as Nil, after claiming deduction of Rs.1,16,59,419/- u/s. 80P of the Income Tax Act, 1961. The Assessing Officer (AO) disallowed the assessee’s claim of deduction of interest income Rs. 12,18,305/- u/s. 80P of the Act and also made addition of rental income Rs.24,000/-. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) (CIT(A)) against the assessment order dated 06.09.2022 passed u/s. 143(3) r.w.s. 144B of the Act. The CIT(A) dismissed the appeal of the assessee in limine on the ground of limitation. The assessee filed an application for condonation of delay giving reasons for delay in filing of appeal. The CIT(A) dismissed the appeal of the assessee without appreciating the reasons for delay.…

Legal Issues

• 1. Whether the delay in filing the appeal can be condoned?

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Income Tax Officer vs. Pustikar Sakh Sahakari Samiti Limited

  Jodhpur bench

• Masinan Samabay Krishi Unnayan Samity Ltd.

  Kolkata Bench benchAY 2018-2019Allowed

• MD AFSCS Ltd Poodur vs. Income Tax Officer

  Hyderabad bench

• Ahimsa Tower Co-op Housing Society Ltd. vs. ITO-Ward 41(3)(1)

  Mumbai bench

• Indian Chain Pvt. Ltd. Vs. DCIT, Circle-11(1), Kolkata

  Kolkata Bench benchAY 2020-21Allowed

• Ganna Vikas Parishad Vs Assessment Unit Income Tax Department

  Delhi Bench benchAY 2021-22Allowed