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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
CHENNITHALA THRIPERUMTHURA SERVICE CO-OPERATIVE BANK LTD. – Appellant
Versus
INCOME TAX OFFICER – Respondent
| Table of Content |
|---|
| 1. assessment and eligibility under the income tax act. (Para 1 , 2) |
| 2. fair opportunity of hearing in tax appeals. (Para 3 , 5) |
| 3. citing judicial precedents relevant to return filing. (Para 4 , 8) |
| 4. requirement of returns for deductions. (Para 6 , 7) |
| 5. final decision on the appeal and resulting rejection. (Para 9) |
Harisankar V. Menon, J.
The appellant, an assessee under the provisions of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’), has instituted this appeal, seeking to challenge Annexure H order dated 16.05.2025 in ITA No.814/Coch/2024, with respect to the assessment year 2017-18 of the Income Tax Appellate Tribunal, Cochin Bench.
2. The appellant is stated to have not filed returns for the financial year relevant to the assessment year 2017-18, as it was of the bona fide belief that the benefits under Section 80P of the Act were available to it. By Annexure B assessment order dated 28.12.2019, the assessment for the year 2017-18 was completed after issuing a notice under Section 142 (1) of the Act, without extending the benefits as above, mainly for the reason that the appellant-assessee did not furnish the return of income or the audit report
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