SHREE SAKCHI GUJRATI SANSTHAN,SAKCHI vs. ITO WARD 3(1), JAMSHEDPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the intimation issued under Section 143(1) was erroneous as it did not consider the extended due date for filing the return. Therefore, the intimation was quashed.
What were the facts?
The assessee filed its return of income for AY 2020-21. The CBDT extended the due date for filing returns and audit reports to 15/03/2022. However, the intimation under Section 143(1) assumed the due date to be 10/01/2021.
What were the issues?
Whether the intimation under Section 143(1) is valid when it fails to consider the extended due date for filing the return of income, thereby affecting the assessee's claim for exemptions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RANCHI BENCH SMC,
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY
IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH "SMC", RANCHI BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RATNESH NANDAN SAHAY, ACCOUNTANT MEMBER ITA No. 54/Ran/2026 (Assessment Year: 2020-21) Shree Sakchi Gujrati Sansthan, I.T.O., A new Planning Area, Sakchi, Ward-3(1), Vs. Jamshedpur-831001 (Jharkhand) Jamshedpur. PAN No. AAMTS 6807 K Appellant/ Assessee Respondent/ Revenue
Assessee represented by Shri Sharwan Kumar Jha, AR. Department represented by Shri Sandipan Khan, Sr.DR Date of hearing 30/07/2026 Date of pronouncement 30/07/2026 O R D E R PER: BENCH 1. This is the appeal filed by the assessee against the order of the ld. Addl/JCIT(A)- 1, Visakhapatnam in Appeal No. NFAC/2019-20/10270540 dated 03/12/2025 for the A.Y. 2020-21. 2. Shri Sharwan Kumar Jha, ld. A.R. is represented on behalf of the assessee and Shri Sandipan Khan, ld. Sr.DR is represented on behalf of the revenue. 3. It was submitted by the ld. AR that the assessee for the impugned assessment year had filed his return of income on 02/03/2021. It was the submission that the due date for furnishing of return and audit report was extended to 15/03/2022. He relied upon the Circular No. 01/2022 dated 11/01/2022 issued by the CBDT, which reads as follows:
ITA No. 54/Ran/2026 Shree Sakchi Gujrati Sansthan Vs ITO
ITA No. 54/Ran/2026 Shree Sakchi Gujrati Sansthan Vs ITO
It was the submission that the intimation issued under Section 143(1) of the Income Tax Act, 1961 (in short, the Act) assumed the due date for filing the return to be 10/01/2021 and thereby denied the assessee the benefit of exemption under Section 11 and 12 of the Act. It was the prayer that as the due date for filing the return has been extended to 15/03/2022, the intimation issued is invalid and the same needs to be quashed. 4. In reply, the ld. Sr.DR vehemently supported the orders of the Assessing Officer and the ld. CIT(A). It was submitted that the issues may be restored to the file of the ld. CIT(A) for readjudication.
ITA No. 54/Ran/2026 Shree Sakchi Gujrati Sansthan Vs ITO 5. We have considered the rival submissions. As the circular has been issued by the CBDT extending the due date for filing of the return to 15/03/2022 for the A.Y. 2020-21 and the intimation shows that the due date has been taken as 10/01/2021, clearly the intimation issued under Section 143(1) of the Act is erroneous and the same stands quashed. 6. In the result, this appeal of the assessee is allowed. Order pronounced in open court on 30/07/2026.
Sd/- Sd/- (RATNESH NANDAN SAHAY) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Ranchi, Dated: 30/07/2026 *Ranjan Copy to: 1. Assessee 2. Revenue 3. CIT 4. DR By order 5. Guard File Sr. Private Secretary, ITAT, Ranchi
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