S1071 THAMIYANUR PACCS,SALEM vs. ITO,WARD-1(6), SALEM

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ITA 1001/CHNY/2023Status: DisposedITAT Chennai28 November 2023AY 2021-222 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the impugned order and restored the appeal to the CIT(A). This is to allow for re-adjudication based on the outcome of the assessee's pending application for condonation before the CBDT.

What were the facts?

The assessee was denied deduction under Section 80P due to a delayed filing of the income tax return. The CIT(A) confirmed this denial, and the assessee appealed to the ITAT. The assessee had also filed an application for condonation before the CBDT.

What were the issues?

Whether the deduction under Section 80P can be allowed despite a delayed return, pending the outcome of a condonation application before the CBDT.

Which sections of the Income-tax Act were involved?

Section 80P,Section 143(1),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा ! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2021-22) S1071 Thamaiyanur Primary Agricultural ITO बनाम/ Co-operative Credit Society Ward-1(6), Thamaiyanur Post, Attur Taluk, Salem. Vs. Salem-636 115. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AACAS-2689-C (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Shri D.Hema Bhupal (JCIT)-Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 28-11-2023 घोषणाकीतारीख /Date of Pronouncement : 28-11-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 20-07-2023 in the matter of an intimation issued by CPC u/s 143(1) of the Act on 30-09-2022. In the intimation, the assessee was denied deduction u/s 80P since the return of income was filed with a delay. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us. At the time of hearing, none appeared for assessee. The Ld. Sr. DR pleaded for dismissal of the appeal.

2.

The registry has noted a delay of 3 days in the appeal. Considering the period of delay, the delay is condoned and we proceed for adjudication of the appeal on merits. 3. From the records, it emerges that the assessee has preferred an application seeking condonation u/s 119(2)(b) which is pending before CBDT. The outcome of the same shall have direct bearing on the claim of the assessee. Therefore we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for re-adjudication in the light of outcome of aforesaid application. 4. The appeal stand allowed for statistical purposes. Order pronounced in open court on 28th November, 2023.

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