FOREST TRAILS HIGHLANDS 1 TO 6 CO-OPERATIVE HOUSING SOCIETY LIMITED,PUNE vs. ITO WARD 2(4), PUNE
आयकर अपीलीय अिधकरण ”एस एम सी” Ɋायपी ठपुणेमŐ।
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCHES “SMC” :: PUNE
BEFORE DR.DIPAK P. RIPOTE, ACCOUNTANT MEMBER
AND SHRI VINAY BHAMORE, JUDICIAL MEMBER
आयकर अपील सं. / ITA No.975/PUN/2025
िनधाᭅरण वषᭅ / Assessment Year: 2022-23
Forest Trails Highlands 1 to 6
Co-operative Housing Society
Limited,
Society Office Forest Trails
Highlands, Near Mulshi Lake
Bhugaon, Mulshi – 412115. Maharashtra.
V s
The Income Tax Officer,
Ward-2(4), Pune.
PAN: AAAAF5056C
Appellant/ Assessee
Respondent / Revenue
Assessee by Shri Hari Krishan – AR
Revenue by Smt. Sonal L Sonkavde –Addl.CIT(DR)
Date of hearing
02/06/2025
Date of pronouncement 04/06/2025
आदेश/ ORDER
PER DR. DIPAK P. RIPOTE, AM:
This is an appeal filed by the assessee directed against the order of ld.Addl./Joint Commissioner of Income Tax(Appeal)-11,
Delhi under section 250 of the Income Tax Act, 1961 dated
27.02.2025 for the A.Y.2022-23 emanating from order under section 143(1) of the Act, dated 24.05.2023. ITA No.975/PUN/2025 [A]
Submission of ld.AR :
Ld.AR for the Assessee filed a paper book containing 113 pages. Ld.AR submitted that Assessee had filed Return of Income on 05.11.2022 for A.Y.2022-23. Ld.AR invited our attention to Page No.1 – 77 of the paper book to demonstrate that the Return of Income was filed by 05.11.2022. Ld.AR submitted that CBDT vide notification no.20/2022 dated 26.10.2022 had extended the due date for filing Return of Income to 07.11.2022. Ld.AR took us through the said notification which is at page no.113 of the paper book. Ld.AR submitted that CPC has disallowed assessee’s claim only on one ground that Return of Income was not filed within time. Ld.AR submitted that the adjustment proposed are bad in law as Return was filed in time and assessee had also claimed deduction u/s.80P of the Act.
Submission of ld.DR :
Ld.DR for the Revenue accepted that due date was extended.
Findings & Analysis :
We have heard both the parties and perused the records. We have perused the Return of Income filed by the Assessee(Paper
ITA No.975/PUN/2025 [A]
3
Book Page No.1 to 77) and observed that Return of Income was filed on 05.11.2022. We have studied the notice which was issued by CPC before making the adjustments. The relevant paragraph of the notice is as under :
1 Thus, the CPC has disallowed the assessee’s claim of deduction u/s.80P of the Act, on the ground that Return of Income was not filed within time. However, it is observed that CBDT vide notification no.20/2022 has extended the date of filing return to 07.11.2022. The Assessee has filed Return of Income on 05.11.2022. In these facts and circumstances of the case, Return of Income was filed u/s.139(1) within the time allowed under section 139(1), as extended by CBDT Notification No.20/2022. Therefore, the CPC has erred in not allowing Assessee’s claim of deduction u/s.80P of the Act. Accordingly, ld.Assessing Officer is directed to allow the deduction claimed by the assessee u/s.80P of the Act.
ITA No.975/PUN/2025 [A]
2 In this case, Assessee had filed an appeal before the ld.CIT(A), however, ld.CIT(A) dismissed the appeal of the assessee on account of delay.
3 There was a valid reason for delay. Therefore, ld.CIT(A) should have condoned the delay. The substantial justice is more important than procedural delay. Be it as it may be, we have already held that Assessee is eligible for deduction u/s.80P of the Act.
In the result, appeal of the Assessee is allowed. Order pronounced in the open Court on 04 June, 2025. (VINAY BHAMORE) ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 04 June, 2025/ SGR आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “एस एम सी” बᱶच, पुणे / DR, ITAT, “SMC” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.