K 1364 VEERASOLAPURAM PRIMARY AGRICULTURAL CO OP CREDIT SOCIETY LIMITED,TIRUPUR vs. THE INCOME TAX OFFICER, WARD 1(4) TIRUPUR, TIRUPUR
Facts
The assessee claimed a deduction under Section 80P(2)(a)(i) which was denied for non-filing of the return of income within the prescribed time under Section 139 of the Act. The assessee filed a petition under Section 119(2)(b) of the Act before the CCIT, which was subsequently rejected.
Held
The Tribunal held that the order of the CIT(A) dismissing the appeal was not infirm, as the assessee was not entitled to the deduction for non-filing the return within the prescribed time. Consequently, the grounds raised by the assessee were dismissed.
Key Issues
Whether the assessee is eligible for deduction under Section 80P(2)(a)(i) when the return of income was not filed within the prescribed time and a subsequent petition for condonation of delay was rejected.
Sections Cited
119(2)(b), 80P(2)(a)(i), 139
AI-generated summary — verify with the full judgment below
Before: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunatha
आयकर अपीलीय अिधकरण, ’बी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI �ी एस.एस. िव�ने� रिव, �ाियक सद� एवं �ी एस.आर. रगुनाथॎ, लेखा सद� के सम� Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri S.R. Raghunatha, Accountant Member आयकर अपील सं./I.T.A. No.3790/Chny/2025 िनधा�रण वष�/Assessment Year: 2019-20 K 1364 Veerasolapuram Primary Vs. The Income Tax Officer, Agricultural CO OP Credit Society Ward 1(4), Limited, Veerasolapuram Po, Tirupur. Kangayam Tk. Tiruppur, Tamil Nadu, 638701. [PAN:AABAK4255B] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Ms. A. Vijayalakshmi, C.A. (virtual) ��थ� की ओर से/Respondent by : Ms. Gouthami Manivasagam, Addl. CIT सुनवाई की तारीख/ Date of hearing : 17.02.2026 घोषणा की तारीख /Date of Pronouncement : 13.03.2026 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 24.10.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for Assessment Year 2019-20.
At the outset, it was submitted by the Ld AR Ms. A. Vijayalakshmi, C.A. that the authorities below, ignoring the petition filed by the assessee
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under section 119(2)(b) of the Income Tax Act, 1961 [“Act” in short], denied the exemption claimed under section 80P(2)(a)(i) of the Act. She referred to ground No.5 and prayed to remand the matter to the file of Assessing Officer with the direction to await the result in the petition filed under section 119(2)(b) of the Act and decide this issue of claim under section 80P(2)(a)(i) of the Act.
The ld. DR Ms. Gouthami Manivasagam, Addl. CIT submits that this petition filed to condone this delay was dismissed and drew our attention to this Para 4.5 of impugned order.
Having heard both the parties and perused the material available on record, we note that the assessee is claimed deduction under section 80P(2)(a)(i) of the Act which was denied for non-filing of return of income under Section 139 of the Act and in order to get the deduction, the assessee filed a petition under section 119(2)(b) of the Act, before the Chief Commissioner of Income Tax (CCIT) which is still pending as is evident from Para No.4.5 of the assessment order. On perusal of the impugned order, it is clear by the time of passing the present impugned order dated 24.10.2025 the said petition was rejected vide order dated 27.12.2024 by the CCIT which is evident from Para 4.5 of the impugned order at Page No.9, therefore, considering the same, we find no infirmity
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in the order of ld. CIT(A) in dismissing the appeal of the assessee by holding that the assessee is not entitled to claim deduction under section 80P(2)(a)(i) of the Act for non-filing of return of income within prescribed time u/s 139(i) of Income Tax Act. Thus, ground Nos.1 to 5 raised by the assessee fails and are dismissed.
In the result, the appeal filed by the assessee is dismissed.. Order pronounced on 13th March, 2026 at Chennai.
Sd/- Sd/- (S.R. RAGHUNATHA) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai, Dated, 13.03.2026 YS/- आदेश की �ितिलिप अ�ेिषत/Copy to: 1. अपीलाथ�/Appellant, 2.��थ�/ Respondent, 3. आयकर आयु�/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR & 5. गाड� फाईल/GF.
