PAWAN PARAKH,BONGAIGAON vs. PCIT, GUWAHATI -1, GUWAHATI

ITA 85/GTY/2025Status: DisposedITAT Guwahati28 July 2026AY 2020-20218 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that after the amendment to Section 80AC, filing the return within the due date is mandatory for claiming deductions under Chapter VI-A. Therefore, the PCIT's order disallowing the deduction was upheld.

What were the facts?

The assessee claimed a deduction under Section 80-IE for AY 2020-21, which was allowed by the Assessing Officer. However, the Principal Commissioner of Income Tax (PCIT) invoked Section 263, holding the assessment order erroneous and prejudicial to revenue due to a 5-day delay in filing the return of income.

What were the issues?

Whether a delay in filing the return of income, even if minor, disentitles the assessee from claiming deduction under Section 80-IE after the amendment of Section 80AC?

Which sections of the Income-tax Act were involved?

Section 80-IE,Section 80AC,Section 263,Section 139

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI “DB” BENCH

Before: SHRI DUVVURU RL REDDY & SHRI LAXMI PRASAD SAHU

For Respondent: Shri Santosh Kumar Karnani, Add. CIT
Hearing: 02.07.2026Pronounced: 28.07.2026

PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER:

This Appeal is filed by the Assessee against the order of the Principal Commissioner of Income Tax, Guwahati-1 [“the Ld. PCIT(A)”, for short], dated 31.03.2025 with DIN & Order No: ITBA/REV/F/REV5/2024-25/1075333573(1) passed u/s 263 of the Income Tax Act, 1961 (“the Act”, for short) for the assessment year 2020-21 on the following grounds of Appeal: -

1.

For that on the facts and in the circumstances of the case, the Order dated 31.03.2025 passed by PCIT, Guwahati-1, u/s 263 of The Pawan Parakh; A.Y: 2020-21 Income Tax Act, 1961 ("the Act") disallowing the claim of exemption u/s 801E amounting Rs. 2,79,00,747/- taken by the appellate for delay of 5 days in

The order continues below.

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