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TMI Blog2024 (10) TMI 1568X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent : Dr. Samuel Pitta, JCIT ORDER PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee Primary Agricultural Coop. Credit Society against the order of the Learned Commissioner of Income Tax (Appeal), (hereinafter in short "the Ld.CIT(A)"), Addl./JCIT(A), Panchkula, dated 18.03.2024 for the Assessment Year (hereinafter in short "AY") 2018-19. 2. At the outset it is note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Tamil Nadu Co-operative Societies Act, 1983 within the due date u/s. 139(1) of the Act, and the statutory-audit was over only on 31.12.2018 (refer Auditor's Certificate), the assessee couldn't file the RoI on or before due date for filing of RoI u/s. 139(1) of the Act. Therefore, the assessee preferred a condonation petition before the CBDT on 19.03.2019 praying for condonation of delay in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iety is a Co-operative Society registered under the Tamil Nadu Co-operative Societies Act, 1983 and filed its RoI u/s. 139(4) of the Act for AY 2018-19 on 20.03.2019 admitting 'NIL' income after claiming deduction u/s. 80P of the Act. The delay in filing of return u/s. 139(1) of the Act was due to belated statutory audit carried out as per the Tamil Nadu Co-operative Societies Act, 1983 on 31.12.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tamil Nadu Co-operative Societies Act, 1983, was over only on 31.12.2018. And the assessee belatedly filed the return on 20.03.2019 and had filed condonation application on 19.03.2019, which is pending before the CBDT. In this context it is noted that the Hon'ble Supreme Court in the case of Mavilayi Service Co-operative Bank Ltd. & Othrs. V. CIT reported in [2021] 431 ITR 1 (SC), held that de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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