AA281 Urachikottai Primary Agricultural Cooperative Credit Society Ltd. Vs DCIT (ITAT Chennai)
The assessee, a primary agricultural co-operative credit society, filed an appeal before the Income Tax Appellate Tribunal against the order of the Commissioner of Income Tax (Appeals), NFAC, Delhi, dated 06.12.2024 for Assessment Year 2012-13. The assessment had been completed under Sections 144 read with 147 of the Income-tax Act, 1961, after the Assessing Officer reopened the assessment on the ground that the assessee had made cash deposits of ₹24,24,457 but had not filed its return of income. In the ex parte assessment order passed under Section 144, the Assessing Officer made an addition of ₹24,24,457 under Section 69A of the Act.
The assessee challenged the addition before the Commissioner of Income Tax (Appeals). However, the appeal was not admitted on the ground that it had been filed belatedly without a condonation petition.
Before the Tribunal, the assessee submitted that it had initially filed a writ petition before the Hon’ble Madras High Court on 26.11.2019 challenging the assessment order. The writ petition was subsequently withdrawn on 03.02.2020 to enable the assessee to avail the statutory appellate remedy. The assessee further submitted that it had filed a petition for condonation of delay along with a copy of the writ petition before the Commissioner of Income Tax (Appeals), but the same was not considered and the appeal was rejected in limine.
