AA368 APPAKUDAL PUDUPALAYAM AGRI CO-OP CREDIT SOCIETY,ERODE vs. DCIT-CPC, BANGALORE

These two appeals by the assessee are arising out of the orders of Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi, [CIT(A)] in Appeal Nos.NFAC/2017-18/10033694 & CIT(A), Coimbatore-3/10113/2020-21 both dated 10.06.2022. The & 640/Chny/2022 :- 2 -: returns of income for the assessment years 2018-19 & 2019-20 was processed by DCIT & ADIT, CPC, Bengaluru by issuing intimations u/s.143(1) of the Income Tax Act, 1961 (hereinafter the ‘Act’) dated 09.08.2019 & 06.08.2020, respectively.

The only common issue in these two appeals of the assessee is as regards to the order of CIT(A) not considering the fundamental fact that the assessee has moved of condonation petition for filing delayed return of income before Central Board of Direct Taxes (CBDT) and without waiting the outcome of the condonation petition CIT(A) confirmed the action of the Assessing Officer (AO) in denying the claim of deduction made by assessee u/s. 80P of the Act, while processing the return of income u/s. 143(1) of the Act. For this, the assessee has raised identical worded grounds in both the years and the facts and circumstances are also identical. The relevant ground No.2 as raised by the assessee in for A.Y 2018-19 reads as under:

We have heard Ld. CIT-DR and Sr. D.R. Despite issuance of notice, assessee moved adjournment petition but going through the file, it is noticed that without the presence of the assessee the matter can be decided. Hence, we took up the matter and decided to adjudicate the same.

At the outset, the Ld. CIT-DR as well as Ld. Sr. D.R has not raised the objection as regards to restoring the matter back to the file of the CIT(A) and to await the decision of CBDT in regard to assessee’s condonation petition for condonation of late filing of return of income and consequently deciding the deduction u/s. 80P of the Act. In term of the above, we restore these two appeals of assessee back to the file of the CIT(A). We also direct the concerned A.O to take up the matter with the CBDT for expediency disposal of the relevant condonation petition filed before CBDT by the assessee for condonation of late filing of returns of income for the relevant A.Ys 2018-19 & 2019-20. In term of the above, the orders of the lower authorities in both the A.Ys are set aside and both the appeals of the assessee are allowed for statistical purposes. & 640/Chny/2022 :- 4 -:

In the result, both the appeal of the assessee are allowed for statistical purposes.