SHRI JATRUDA SEVA SAHKARI MANDALI,JATRUDA vs. ITO WARD 3 (1) (4), AMRELI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. It restored the matter to the Assessing Officer to decide the issue afresh after considering the outcome of the assessee's pending application under Section 119(2)(b) for condonation of delay in filing the return.
What were the facts?
The assessee filed its return of income late for AY 2019-20 and claimed a deduction under Section 80P. The CPC disallowed this deduction due to the late filing. The CIT(A) dismissed the assessee's appeal.
What were the issues?
Whether the deduction under Section 80P is allowable when the return of income is filed beyond the due date. The impact of a pending application for condonation of delay in filing the return on the allowability of the deduction.
Which sections of the Income-tax Act were involved?
Section 80P,Section 139(1),Section 143(1),Section 119(2)(b),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Rajkot Bench, Rajkot
Before: Dr. Arjun Lal Saini & Shri Sonjoy Sarma
Per, Shri Sonjoy Sarma, JM: Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2019-20, is directed against the order under section 250 of the Income-tax Act, 1961 [hereinafter referred to as ‘the Act’] passed by the National Faceless Appeal Centre [hereinafter referred to as ‘NFAC’], dated 28.09.2022, which in turn arises out of an order passed by C.P.C. u/s. 143(1) of the Act, dated 22.12.2020. 02. The brief facts of the case are that an intimation under section 143(1) of the Income-tax Act, 1961
The order continues below.
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