आयकर अपील(cid:10)य अ(cid:11)धकरण,च(cid:16)डीगढ़ (cid:20)यायपीठ , च(cid:16)डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘B’ CHANDIGARH BEFORE: SHRI A.D.JAIN, VICE PRESIDENT AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER आयकर अपील स.ं / ITA Nos. 718 & 719/CHD/2023 (cid:1)नधा(cid:5)रण वष (cid:5) / A.Y.: 2015-16 & 2016-17

The Khanyan Multipurpose Coop Agricultural Service Society Ltd., Village-Khanyan, Tehsil – Amloh, Fatehgarh Sahib.	बनाम VS	The DCIT, Circle, Mandi Gobindgarh.
(cid:14)थायी लेखा सं./PAN /TAN No: AACAT4443M
अपीलाथti/Appellant (cid:26)(cid:27)यथti/Respondent

(cid:1)नधा(cid:5)(cid:28)रती क(cid:31) ओर स/े Assessee by : Shri Vibhor Garg, CA राज(cid:14)व क(cid:31) ओर स/े Revenue by : Shri Dharam Vir, JCIT, Sr.DR तार"ख/Date of Hearing : 24.06.2024 उदघोषणा क(cid:31) तार"ख/Date of Pronouncement : 01.07.2024 HYBRID HEARING आदेश/ORDER PER A.D.JAIN, VICE PRESIDENT These are assessee's appeals for assessment year 2015-

16 & 2016-17 respectively against the separate orders dated

17.07.2023 passed by the ld. CIT(A) NFAC, Delhi.

2. As both the appeals involve identical facts and issues, therefore, these were heard together and are being disposed of by a common order, for the sake of convenience and brevity. The facts and issues are taken from ITA No.

718/CHD/2023.

ITA 718/CHD/2023

3. In this appeal, the assessee has raised the following grounds of appeal:

1. That the impugned order is bad both on facts and law.

2. That the ld. CIT(A) has wrongly and illegally disallowed the netting of interest and that too after accepting the basic principle of law that netting of is to be allowed by passing any ex-parte order against the facts and circumstances of the case without allowing the opportunity of being heard against the principle of natural justice.

4. There is a delay of 70 days in filing the appeal before this Tribunal. The assessee has filed an application for condonation of delay explaining the reasons for the delay occurred in filing the present application. The contents of the application for condonation of delay are reproduced hereunder :

1. That an ex-parte order was passed u/s 250 dated 17.07.2023 bearing DIN No: ITBA/NFAC/S/250/2023-24/1054405677(1) by Faceless Appeal Centre was received by the society on 17.07.2023, That appeal filed against the order is delayed by 70 days.

2. That the appellant is a Multipurposes Co-op society providing services for marketing of agricultural produce and extending credit services to its members and is registered under Punjab Co-op Societies Act, Punjab and is availing deduction u/s 80P of the Income Tax Act,1961.

3. That the appellant Society approached their counsel for seeking legal remedy who suggested them to engage a lawyer for filling an appeal before the Hon'ble ITAT, Chandigarh and assured the society members that he will engage the counsel and get the appeal filed before Hon'ble ITAT, Chandigarh and gave full assurance that it's his job and society members have nothing to do with it.

4. That in the last week of October, 2023, when we visited the office of our counsel for filing our ITR for AY 2023-24, we enquired about the status of the case from the counsel and only at that time he recollected that one appeal has to be filed against the CIT(A) order and again said that I will file the appeal there is nothing to worry.

5. That on getting suspicious about the conduct of the counsel we thought to take a second opinion and then we approached Sh. Vibhor Garg, CA in November 1^st week and who after going through the CIT(A) order informed us that the period for filing the appeal before the Hon'ble ITAT has expired and further advised us to file the appeal urgently alongwith the application praying for the condonation of delay in filing the appeal.

6. That the delay in filing the appeal is due to the lackadaisical approach of the counsel who did not bother to take the matter seriously and due to this very reason the filing of appeal before Hon'ble ITAT, got delayed.”

5. Fr

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