THE MADURANTAKAM MILK PRODUCERS CO-OP. SOCIETY LTD.,CHENGALPATTU vs. ITO, WARD-141(4), CHENNAI

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ITA 165/CHNY/2025Status: DisposedITAT Chennai28 April 2025AY 2019-20Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R.RAGHUNATHA (Accountant Member)3 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Ld.CIT(A) erred in disallowing the Section 80P deduction given that the delay in filing the return had been condoned by the CCIT. Consequently, the Tribunal set aside the order of the Ld.CIT(A) and directed the Assessing Officer to allow the deductions under Section 80P by considering the CCIT's condonation order.

What were the facts?

The assessee, a milk producers co-operative society, claimed a deduction under Section 80P of the Act, which the Ld.CIT(A) denied as the return of income was filed beyond the time limit prescribed under Section 139(1) read with Section 80AC. However, the CCIT had previously condoned this delay under Section 119(2)(b) for claiming the Section 80P deduction, a fact which the Ld.CIT(A) failed to consider.

What were the issues?

Whether the Ld.CIT(A) was justified in denying the deduction under Section 80P when the delay in filing the return for claiming such deductions was condoned by the CCIT under Section 119(2)(b) of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80P,Section 139(1),Section 80AC,Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI

Before: SHRI MANU KUMAR GIRI & SHRI S.R.RAGHUNATHA

Hearing: 09.04.2025Pronounced: 28.04.2025

आयकर अपीलीय अिधकरण, ‘सी’ �ायपीठ, चे�ई IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH, CHENNAI �ी मनु कुमार िग�र ,�ाियक सद� एवं �ी एस आर रघुनाथा, लेखा सद� के सम� . . BEFORE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND SHRI S.R.RAGHUNATHA, ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A.No.165/Chny/2025 (िनधा�रण वष� / Assessment Year: 2019-20) The Madurantakam Milk Producers The Income Tax Officer, Co-op. Society Limited, Vs. Ward-141(4), 5/2/6, Othavadai Street, Chennai. Vanniyar Pettai Madurantakam, Chengalpatttu Dist – 603 306. [PAN : AABAT-9027-A] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ�कीओरसे/ Appellant by : Mr. T. Vasudevan, Advocate ��थ�कीओरसे/Respondent by : Ms. Anitha, Addl.CIT सुनवाईकीतारीख/Date of hearing : 09.04.2025 घोषणाकीतारीख /Date of Pronouncement : 28.04.2025 आदेश / O R D E R PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:

This appeal by the assessee is filed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2019-20, dated 05.12.2024.

2.

The sole issue in this appeal is ld.CIT(A), NFAC has denied deduction claimed by the assessee u/s.80P of the Act vide order dated 05.12.2024 amounting to Rs.6,72,706/- for the reason that return of income was filed by the assessee beyond the time limit provided u/s.139(1) r.w.s. 80AC of the Act.

3.

However, the assessee has filed for condonation of delay before the CCIT-1, Chennai u/s.119(2)(b) of the Act for filing Return of Income for claiming deductions u/s.80P of the Act for the assessment year 2019-20 and the delay was condoned by the CCIT- 1, Chennai u/s.119(2)(b) dated 08-11-2024. The ld. AR stated that the ld.CIT(A) NFAC has not considered the same while disposing of the appeal.

4.

Aggrieved by the order of the ld.CIT(A), NFAC, the assessee preferred an appeal before us.

5.

In the present facts and circumstances of the case, we are of the considered view that the ld.CIT(A) erred in disallowing the deduction claimed by the assessee u/s.80P of the Act, in spite condonation allowed by the ld.CCIT, Chennai - 1. Therefore, we set aside the order of the ld.CIT(A) and direct the AO to allow the deductions claimed by the assessee u/s.80P of the Act considering the order of the ld.CCIT – 1, Chennai by allowing the grounds of appeal raised by the assessee.

6.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

Order pronounced in the open court on 28th April, 2025

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