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Facts
The assessee filed three appeals against the CIT(A)'s rejection of a Section 80P deduction claim, where returns were considered belated. There was a 7-day delay for each assessment year (2021-22, 2022-23, 2023-24), which the assessee attributed to a senior officer being affected by Covid-19, citing the Supreme Court's exclusion of the limitation period. The initial rejection was via intimation under Section 143(1).
Held
The Tribunal condoned the 7-day delay, acknowledging the Supreme Court's directives to exclude the period from 15th March 2020 to 28th February 2022 for limitation. It ruled that the returns, when considering this exclusion, were filed within time and could not be treated as belated. Consequently, the intimation issued by the CPC was rejected, and the AO was directed to grant the Section 80P deduction.
Key Issues
Whether the delay in filing returns should be condoned based on the Supreme Court's exclusion of the limitation period, and if the assessee is entitled to Section 80P deduction despite the initial treatment as belated returns under Section 143(1).
Sections Cited
80P, 143(1)
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Income Tax Appellate Tribunal, “B” BENCH, KOLKATA
Before: SHRI GEORGE MATHAN & SHRI RAKESH MISHRA
O R D E R Per George Mathan, JM : These are the appeals filed by the assessee against the separate orders, passed by the ld. Addl./JCIT(A)-2, Surat, all dated 23.01.2025, for the assessment years 2021-2022, 2022-2023 & 2023-2024, respectively.
All the three appeals of the assesse are barred by 07 days each. In this regard, the assesse has filed an application for condonation of delay supported with an affidavit stating therein the sufficient reasons for delay in filing the above appeals, which are not found to be false. This contention of the assesse has not been objected by the ld. Sr. DR. Accordingly, we condone the delay of 07 days each in filing the present appeals and the appeals of the assesse are admitted for hearing.
None represented on behalf of the assesse. Shri Kapil Mandal, Sr. DR appeared on behalf the assesse.