M/S. THE RAJAJI NAGAR HOUSING CO-OPERATIVE SOCIETY LTD., ,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(3), BANGALORE

ITA 89/BANG/2024Status: DisposedITAT Bangalore13 May 2025AY 2018-19Bench: SHRI WASEEM AHMED (Accountant Member)6 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that once a regular assessment under Section 143(3) is completed, the intimation order under Section 143(1) ceases to be operative. The disallowance made by the CPC solely through the intimation order, without reaffirmation in the final assessment order, is not legally sustainable.

What were the facts?

The assessee, a housing cooperative society, filed its return of income for AY 2018-19 declaring a total income of Rs. 27,910/- after claiming a deduction of Rs. 7,14,251/- under Section 80P(2)(d) of the Act. However, the return was filed beyond the due date. The CPC disallowed the deduction under Section 80AC(ii) due to the delayed filing.

What were the issues?

Whether the disallowance made by the CPC in the intimation order under Section 143(1) for delayed filing of return can sustain when a regular assessment under Section 143(3) was subsequently completed without any variation.

Which sections of the Income-tax Act were involved?

Section 80P(2)(d),Section 139(1),Section 143(1),Section 80AC(ii),Section 143(2),Section 142(1),Section 143(3),Section 143(3A),Section 143(3B)

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Income Tax Appellate Tribunal, ‘SMC’ BENCH, BANGALORE

Before: SHRI WASEEM AHMED

For Appellant: Shri Mallaharao, Advocate
For Respondent: Shri Ganesh R Gale, Standing Counsel for Dept
Hearing: 28.02.2025Pronounced: 13.05.2025

PER WASEEM AHMED, ACCOUNTANT MEMBER:

This is an appeal filed by the assessee against the order passed by the NFAC, Delhi dated 23/11/2023 in DIN No. ITBA/NFAC/S/250/2023-24/1058193856(1) for the assessment year 2018-19. 2. The relevant facts are that are that the assessee is a housing cooperative society. The assessee for the year under consideration (A.Y. 2018-19) filed return of income as on 31st December 2018 declaring total income at Rs. 27,910/- after claiming deduction under section 80P(2)(d) of the Act for Rs. 7,14,251/- only.

3.

The return was processed by the CPC vide intimation order under section 143(1) of the Act da

The order continues below.

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