Konkuduru Primary Agricultural Cooperative Credit Society Limited Vs ITO (ITAT Visakhapatnam)
Summary: Five assessees challenged separate NFAC appellate orders for AY 2018-19. The first appeal concerned Konkuduru Primary Agricultural Cooperative Credit Society Limited, whose reassessment order dated 28.12.2023 had been upheld on 13.03.2025. The society disputed the denial of its deduction under section 80P(2)(a)(i), claimed in a return filed under section 148, and argued that section 80AC should not defeat the claim merely because it had not filed a return under section 139(1). The Tribunal ultimately disposed of the appeals on a jurisdictional issue without deciding those deduction grounds. The other appellants were Karempudipadu Primary Agriculture Cooperative Society ltd., Sai Sitaram Polavarapu, Naredla Jalareddy and Venkata Ratnam Nargam.
Two appeals had been filed late. Karempudipadu sought condonation of 95 days, explaining that the counsel’s email address had been entered in Form 35 and that it learned of the outstanding demand when the department called. Sai Sitaram Polavarapu sought condonation of 68 days, citing dengue fever and the consequent delay in signing appeal papers. The Revenue opposed both applications. Relying on Collector, Land Acquisition v. Mst. Katiji, the Tribunal accepted the explanations as bona fide and condoned both delays. It also admitted the assessees’ additional legal ground challenging approval under section 151: the issue could be decided on the existing record under the principle in National Thermal Power Co. Ltd. v. CIT.
