K 248 KARUNAIPALAYAM PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY,TIRUPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BENGALURU

The only issue in this appeal of assessee is as regards to CIT(A) not considering the fact that the assessee has moved condonation petition for filing delayed return of income before CBDT and without waiting the outcome of the condonation petition CIT(A) confirmed the action of the AO in denying the claim of deduction u/s.80P of the Act on the ground that the assessee has not filed return of income on the specified date u/s.139(1) of the Act.

When the appeal was called for hearing, none is present from assessee’s side. On going through the facts of the case, I noticed that this case can be decided ex-parte qua assessee. Hence, appeal was taken up for hearing ex-parte, qua assessee.

4. The fact is that the assessee filed its return of income for the assessment year 2018-19 on 31.12.2018 u/s.139(4) of the Act and not within the due date as prescribed u/s.139(1) of the Act. Hence, the claim of deduction u/s.80P of the Act was disallowed by the AO. Aggrieved, assessee preferred appeal before CIT(A). The CIT(A) also confirmed the action of the AO. Aggrieved, assessee is in appeal before the Tribunal.

From the facts of the case, I noted that the only request of assessee now before us is that the assessee’s representation to - 3 - CBDT praying for condonation of delay in filing return of income u/s.139(1) of the Act is pending u/s.119(2)(c) of the Act. In view of the request of assessee that the assessee’s condonation petition is pending before CBDT u/s.119(2)(c) of the Act, I set aside the orders of lower authorities and remand the matter back to the file of AO to await the decision of CBDT and thereafter decide the case of assessee. The assessee will take steps to pursue with the CBDT and the Income Tax Department will also pursue the condonation application and hopefully, the CBDT will decide the condonation petition as early as possible. In term of the above, the appeal of assessee is allowed for statistical purposes.

In the result, the appeal filed by the assessee is allowed for statistical purposes.