DAEECO OP T&C STY KALPAKKAM,DAE TOWNSHIP KALPAKKAM vs. ADIT, NATIONAL E-CENTRE, NEW DELHI
What did the Tribunal hold?
The Tribunal noted that the assessee's representation to the CBDT for condonation of delay in filing the return was pending. Therefore, the matter was remanded back to the CIT(A) to await the CBDT's decision.
What were the facts?
The assessee filed its return of income for AY 2018-19 after the due date prescribed under Section 139(1). Consequently, the Assessing Officer disallowed the claim for deduction under Section 80P.
What were the issues?
Whether the deduction under Section 80P can be allowed when the return of income is filed beyond the due date specified in Section 139(1), and if the delay can be condoned.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL
आदेश /O R D E R
PER MAHAVIR SINGH, VICE PRESIDENT:
This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals, National Faceless Appeal Centre (NFAC), Delhi in Appeal No.NFAC/2017-18/10037447 dated 14.07.2022. The assessment was framed by the National e- Assessment Centre, Delhi for the assessment year 2018-19
The only issue in this appeal of assessee is as regards to not allowing 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.
The fact is that the assessee filed its return of income for the assessment year 2018-19 on 02.01.2019 u/s.13(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(2) 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.
After hearing both the sides, we noted that the only request of assessee now before us is that the assessee’s representation to CBDT praying for condonation of delay in filing return of income u/s.139(1) of the Act is pending u/s.119(2)(b) of the Act. In view of the request of assessee that the assessee’s condonation petition is pending before CBDT u/s.119(2)(b) of the Act, we set aside the 3 order of CIT(A) and remand the matter back to his file to await the decision of CBDT and thereafter decide the appeal 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.
Order pronounced in the open court on 27th February, 2023 at Chennai.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026
- M/S. Ut Corp vs. Union Of INDIARajasthan · 26 Oct 2026
- Sunrise Engineering vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026