VINAYAK BHALCHANDRA RANDIVE,THANE vs. ITO WARD 3(4) THANE, THANE

ITA 3005/MUM/2025Status: DisposedITAT Mumbai30 June 2025AY 2022-23Bench: SHRI PAWAN SINGH (Judicial Member)1 pages
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What did the Tribunal hold?

The Tribunal noted that the assessee filed the return within the extended period under section 139(4) and that the restriction under Chapter VIA, as per section 80AC, pertains only to Part C. Therefore, the matter was restored to the Assessing Officer to allow deductions under Part A and Part B of Chapter VIA and also to allow credit for tax already paid.

What were the facts?

The assessee filed their return of income for AY 2021-22 belatedly under section 139(4) after opting for the new tax regime under section 115BAC. The Assessing Officer and CIT(A) denied the benefit of Chapter VIA deductions and also restricted TDS credit. The appeals were filed against these orders.

What were the issues?

Whether the assessee is eligible for Chapter VIA deductions and TDS credit when filing a belated return after opting for the new tax regime under section 115BAC.

Which sections of the Income-tax Act were involved?

Section 115BAC,Section 139(1),Section 139(4),Section 80CCD,Section 80D,Section 80TTA,Section 80AC,Section 254(1)

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IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER ITA Nos. 2991 & 3005/MUM/2025 (AY: 2021-22 to 2022-23) (Physical hearing) VinayakBhalchandraRandive ITO - 41(3)(4) B/67/301, Muchkund SOC, Vasant Vihar, Vs Thane, Maharashtra Pokhran Road, Thane, Maharashtra- 400610. [PAN No. AANPR4529E] Appellant / Assessee Respondent / Revenue

Assessee by Sh. Tanmay Phadke, Advocate Revenue by Smt. R.M. Brindha, Addl. JCIT Date of hearing 30.06.2025 Date of pronouncement 30.06.2025

Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER;

1.

These two appeals by assessee are directed against the orders of ld. CIT(A)

dated 20.03.2025 and 25.05.2025 for A.Y. 2021-22 and 2022-23 respectively.

In both the appeals, the assessee has raised certain common grounds of appeal, certain facts in both the years are common. Thus, with the consent

of both the parties, both the appeals were clubbed, heard together and are decided by common order to avoid the conflicting decision. For appreciation

of facts, appeal for A.Y. 2021-22 in ITA No. 2991/Mum/2025 is treated as lead case. The assessee has raised following grounds of appeal:

“1.

The order continues below.

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