KAMANAYAKANPATTI PACCS,TUTICORIN vs. ITO, WARD-1,, TUTICORIN

PDF · subscribers
ITA 3209/CHNY/2024Status: DisposedITAT Chennai21 February 2025AY 2022-23Bench: SHRI GEORGE GEORGE K, HON'BLE (Vice President), SHRI S.R. RAGHUNATHA, HON'BLE (Accountant Member)1 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the disallowance of deduction u/s. 80P, noting that the return was filed beyond the due date as per Section 139(1), which is a condition for claiming the deduction under Section 80AC. The power to condone such delays vests with the jurisdictional PCIT.

What were the facts?

The assessee, a primary agriculture credit cooperative society, filed its return for AY 2022-23 declaring a gross total income and claiming deduction u/s. 80P. The CPC denied this deduction as the return was filed after the due date prescribed u/s. 139(1), violating Section 80AC. The assessee's appeal to the Addl. CIT(A) was dismissed due to a delay of 236 days and no condonation application.

What were the issues?

Whether the assessee is eligible for deduction u/s. 80P when the return of income was filed beyond the due date prescribed under Section 139(1), thereby violating Section 80AC.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 143(1),Section 80P,Section 80AC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: SHRI GEORGE GEORGE K, HON’BLE & SHRI S.R. RAGHUNATHA, HON’BLE

Hearing: 19.02.2025Pronounced: 21.02.2025

आदेश /O R D E R

PER S. R. RAGHUNATHA, ACCOUNTANT MEMBER:

1.

This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals), Addl/JCIT(A), Udaipur, dated 21.10.2024 and pertains to assessment year 2022-23.

:-2-: ITA. No: 3209/Chny/2024 2. The only issue involved in this appeal is as regards to Ld.Addl/JCIT(A) erred in disallowing the deduction claimed u/s. 80P of the Income-tax Act, 1961 (hereinafter referred to as “the Act”).

3.

The brief facts of the case are that, the assessee is a primary agriculture credit cooperative society has filed its return of income for the assessment year 2022-23 on 25.03.2023 by declaring a gross total income of Rs.2,79,300/- and claimed deduction u/s. 80P of the Act to the tune of Rs.2,79,300/- by declaring a nill total income. The return of income was processed by the CPC, Bangalore and issued an intimation u/s. 143(1) of the Act by denying the claim of deduction u/s. 80P of the Act as the assessee had not filed the return of income as per the due date prescribed u/s. 139(1) of the Act in compliance with the condition laid down in section 80AC of the Act. Aggrieved by the order of the CPC, Bangalore, the assessee preferred an appeal dated 21.09.2024 before the ld. Addl/JCIT(A) with a delay of 236 days.

4.

The ld. Addl/JCIT(A) issued notices to the assessee stating that the appeal has been filed with a delay of more

:-3-: ITA. No: 3209/Chny/2024 than 8 months and had not filed an application for condonation of delay or an affidavit for the same. However, the assessee chose to be silent and hence the ld. Addl/JCIT(A) dismissed the appeal by passing the order dated 21.10.2024 stating that there is no sufficient cause for condonation of delay in filing of the appeal. Aggrieved by the order of the ld. Addl/JCIT(A) the assessee is before us.

5.

The ld.AR for the assessee stated that the ld. Addl/JCIT(A) has not provided any opportunity to be heard and has unilaterally passed the order. Further, the deduction claimed u/s. 80P of the Act to the tune of Rs.2,79,300/- should have been allowed. Since, the assessee is a cooperative society liable to get audited by the department of State Government and hence, there was a delay in filing the return of income for the assessment year 2022-23. Therefore, the ld.AR prayed for setting aside the order of the ld. Addl/JCIT(A) by giving one more opportunity to the assessee to prosecute their case before the ld. Addl/JCIT(A).

6.

Per contra, the ld.Sr.DR stated that the assessee has filed its return of income after the due date and hence, the :-4-: ITA. No: 3209/Chny/2024 denial of deduction u/s. 80P of the Act by the lower authorities is in accordance with provisions of section 80AC of the Act and hence, the order of the ld. Addl/JCIT(A) may please be upheld.

7.

We have heard both the parties, perused materials available on record and gone through orders of the authorities below. It is an admitted fact that the assessee has filed the return of income on 25.03.2023 for the assessment year 2022-23 which is beyond the time prescribed for filing of return u/s. 139(1) of the Act. To claim the deduction u/s. 80P of the Act, the assessee has to file its return of income on or before due date prescribed u/s.139(1) of the Act as per the conditions laid down in section 80AC of the Act.

8.

We note that the CPC, Bangalore and that of the ld. Addl/JCIT(A) has rightly denied the deduction u/s. 80P of the Act for the said assessment year. We also note that the power of condoning the delay in filing the return of income for allowing the deduction u/s. 80P of the Act is being vested with the jurisdictional PCIT and hence, we do not find any reason to interfere in the orders of the ld. Addl/JCIT(A). Therefore, in the present facts and circumstances of the case, the ld.

:-5-: ITA. No: 3209/Chny/2024 Addl/JCIT(A) has rightly dismissed the appeal of the assessee and hence we dismiss the appeal of the assessee with a liberty to the assessee to file the condonation petition before the ld.PCIT for condoning the delay in filing of the return of income for the assessment year 2022-23 to allow the deduction u/s. 80P of the Act.

More judgments on Section 139(1)

All 8,117 judgments and leading authorities on Section 139(1) →

Recent GST High Court judgments

Search GST case law →