2025 (3) TMI 1884

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....Appeals),National Faceless Appeal Centre in respect of the appeal filed against the order of Income Tax Officer, Ward-5 relating to AY 2010-11, is opposed to law, facts and circumstances of your appellant's case. 2. The Commissioner of Income Tax(Appeals),erred in disallowing your appellants claim u/s 80P(2)(a)(i).He ought to have found out that your appellant is a primary credit society entitled for deduction u/s 80P as pronounced by Honourable Supreme Court in the case of The Mavilayi Service Co-operative Bank Limited and Others vs Commissioner of Income, Calicut & another{reported in (2021)431 ITR(SC)}. 3. The Commissioner of Income Tax (Appeals), erred in concluding that the appellant has not filed it's returns....

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....led a letter seeking an adjournment which was also granted but unfortunately the assessee had not filed any objections or documents before the AO. Therefore the AO had completed the assessment u/s. 144 r.w.s. 147 of the Act based on the information from the audit certificate and audit memorandum of Kerala State Co-operative Department. The AO assessed the income from business and made disallowance u/s. 40(a)(ia) of the Act. As against the said order, the assessee filed an appeal before the Ld.CIT(A) and contended that the disallowance u/s. 80P(2)(a)(i) of the Act is not correct since the assessee is a primary credit society. The Ld.CIT(A) had dismissed the appeal filed by the assessee on the ground that the assessee had not filed their retu....

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....rtment. Therefore the Ld.CIT(A) had relied on section 80A(5) and on that basis, had rejected the ground raised by the assessee. The Ld.CIT(A) also relied on the judgment of Hon'ble Jurisdictional High Court reported in (2023) 152 taxmann.com 347 in case of Nileshwar Rangekallu Chethu Vyavasaya Thozhilali Sahakarana Sangham vs. CIT in which the Hon'ble High Court had clearly held that the deduction u/s. 80P cannot be allowed in case of non-filing of return or belated return. Even though the assessee had filed their return of income on 22/10/2018, the same was not filed within the period prescribed under the Statute and also not filed in response to the notice issued u/s. 148 and also not filed before passing the assessment order. Therefore t....