2025 (11) TMI 335

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....OUNTANT MEMBER : These appeals at the instance of assessee are directed against the separate order of Ld. CIT(A) NFAC, Delhi passed u/s 250 of the Income-tax Act, 1961 evenly dated 28.08.2024 which are arising out of order passed u/s 143(3) r.w.s. 144B of the Act dated 13.09.2022 and order levying penalty u/s 270A of the Act dated 20.03.2023 respectively. 2. Registry has informed that there ....

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.... Counsel for the assessee submitted that Ld. CIT(A) has dismissed both the appeals in limine by not condoning the delay in filing of the appeal. He referred to various reasons giving rise to the delay in filing of appeal before Ld. CIT(A) order and prayed that delay in filing appeal before Ld. CIT(A) is not intentional and may please be condoned and issues raised in the instant appeal may please b....

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....ed to the notices. Ld. A.O. framed the assessment order on 13.09.2022 denying deduction u/s 80P of the Act and assessed the income at Rs. 25,86,505/- Ld. AO also initiated penalty proceeding u/s 270A of the Act and levied penalty of Rs. 9,01,367/- I further observe that the assessee preferred appeal before Ld. CIT(A) against both quantum addition and penalty but with a delay. Assessee provided var....

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.... Tribunal. Reliance placed on the decision in the case of Annapurna Nagari Sahkari Pathsanstha Maryadit Yawal Vs. ITO, Ward-1 (4), Jalgaon, 2025 (6) TMI 963, dated 07.05.2025 (ITA No. 313/PUN/2025) 5. I find that the issue is no longer res-integra as this Tribunal has strongly taken a view that since Co-operative Banks are basically Co-operative Societies, therefore benefit of Section 80P(2)(d)....