DAEECO OP T&C STY KALPAKKAM,DAE TOWNSHIP KALPAKKAM vs. ADIT, NATIONAL E-CENTRE, NEW DELHI

PDF · subscribers
ITA 770/CHNY/2022Status: DisposedITAT Chennai27 February 2023AY 2018-20193 pages
AI SummaryRemanded

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?

Section 80P,Section 139(1),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MAHAVIR SINGHAND SHRI MANOJ KUMAR AGGARWAL

Hearing: 27.02.2023Pronounced: 27.02.2023

आदेश /O R D E R

PER MAHAVIR SINGH, VICE PRESIDENT:

1.

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

2.

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.

3.

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.

4.

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.

5.

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

All 5,069 judgments and leading authorities on Section 80P →

Recent GST High Court judgments

Search GST case law →