SARIDASPUR SAMBAY KRISHI UNNAYAN SAMITY LTD.,EGRA, PURBA MEDINIPUR vs. I.T.O., WARD-27(3), HALDIA, HALDIA

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ITA 26/KOL/2023Status: DisposedITAT Kolkata25 July 2023AY 2019-20203 pages
AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that the CPC exceeded its jurisdiction by denying the deduction under section 80P via a prima facie adjustment, as this power was granted to the CPC only from April 1, 2021. Even if the due date was September 30, 2019, the return was filed within the prescribed time.

What were the facts?

The assessee, a cooperative society, claimed deduction under section 80P. The CPC denied this deduction for delay in filing the return, stating the due date was August 31, 2019, while the return was filed on September 30, 2019.

What were the issues?

Whether the CPC was justified in denying deduction under section 80P for delay in filing the return, and if the CPC had the jurisdiction to make such an adjustment.

Which sections of the Income-tax Act were involved?

Section 80P,Section 143(1)(a)(v),Section 139(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA

Before: DR. MANISH BORAD, HON’BLE

For Appellant: Shri Chirag Desai (on behalf of Miraj D. Shah, AR)
Hearing: 11/07/2023Pronounced: 25/07/2023

O R D E R

PER DR. MANISH BORAD, ACCOUNTANT MEMBER :

1.

The present appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter the “ld. CIT(A)”) dated 30/11/2022, passed u/s 250 of the Income Tax Act, 1961 (“the Act’), for Assessment Year 2019-20.

2.

The only issue for our consideration is that whether the ld. CIT(A) was justified in confirming the action of the CPC in denying the deduction under section 80P of the Act for delay in filing of the return of income.

3.

We have heard rival contentions and perused the material placed before us. Assessment Year: 2019-2020 Saridaspur Sambay Krishi Unnayan Samity Ltd. 2

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