M/S.Kalpetta Co-Op Urban Society Ltd, ... vs Assessee

1 ITA No.478 & 479/Coch/2014

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN

Before Shri N.R.S. Ganesan (JM) and Shri Chandra Poojari (AM)

I.T.A No. 478 & 479/Coch/2014 (Assessment years 2008-09 & 2010-11)

M/s Kalpetta Co-operative Urban vs the ITO, Wd.1(4) Society Ltd, Kalpetta PO Calicut Wayanad District 673 121 PAN : AAAAK9427E (Appellant) (Respondent)

Appellant by : None Respondent by : Shri K.K. John

Date of hearing : 30-12-2014 Date of pronouncement : 09-01-2015

ORDER

Per N.R.S. Ganesan (JM)

These appeals of the assessee are directed against the common

order of the CIT(A), Kozhikode dated 06-08-2014 for the assessment years

2008-09 and 2010-11.

2. Both the appeals of the assessee were fixed for hearing on 30-12-

2014 and notice was served on the assessee by RPAD. In spite of receipt

of notice, no one appeared for the assessee. Therefore, we heard the

ld.DR and proceeded to dispose of the appeals on merit. 2

ITA No.478 & 479/Coch/2014

2. Shri K.K. John, the ld.DR submitted that the assessee has not filed

the returns of income within the prescribed time limit. Therefore, the claim

of the assessee for deduction u/s 80P is not available to the assessee.

Referring to the order of the CIT(A), the ld.DR submitted that the CIT(A) by

following the order of this Tribunal in M/s Kadachira Service Co-operative

Bank Ltd vs ITO (2013) 153 TTJ (Cochin) 129 confirmed the orders of the

assessing officer for both the assessment years.

3. We have considered the submissions of the ld.DR and also perused

the material available on record. The assessee has not filed the returns of

income for the assessment years under consideration within the time limit

prescribed either u/s 139(1) or within the time specified in notice u/s 148 of

the Act. Therefore the question arises for consideration is when the

assessee has not filed return of income within the prescribed time limit,

whether the assessee would be entitled for deduction u/s 80P of the Act?

This Tribunal examined the issue elaborately in Kadachira Service Co-

operative Bank Ltd (supra) and found that if the return of income is not filed

within the time limit prescribed u/s 139(1) or within the time provided in

notice issued u/s 142(1) or 148 the assessee is not eligible for deduction

u/s 80P of the Act. The first appellate authority followed the order of this

Tribunal in Kadachira Service Co-operative Bank Ltd (supra). Therefore, 3 ITA No.478 & 479/Coch/2014

this Tribunal do not find any infirmity in the order of the lower authority.

Accordingly, the same is confirmed.

4. In the result, both the appeals of the assessee stand dismissed.

Order pronounced in the open court on this 09th January, 2015.

Sd/- sd/- (Chandra Poojari) (N.R.S. Ganesan) ACCOUNTANT MEMBER JUDICIAL MEMBER

Cochin, Dt : January, 2015 pk/- copy to:

1. M/s Klpetta Co-op. Urban Society Ltd, Kalpetta PO, Wayanad Dist. 673 121

2. The ITO, Wd.1(4), Calicut

3. The Commissioner of Income-tax, Kozhikode

4. The Commissioner of Income-tax(A), Kozhikode

5. The DR (True copy) By order

Asstt. Registrar, Income-tax Appellate Tribunal, Cochin Bench