THE KARAD MERCHANTS CREDIT CO-OP SOCIETY LTD,SATARA vs. INCOME-TAX OFFICER, WARD - 1, SATARA

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ITA 218/PUN/2019Status: DisposedITAT Pune17 November 2022AY 2011-123 pages
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What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal, citing the pendency of rectification proceedings and the principle of substantial justice. The ground related to Section 80P deduction was dismissed as not pressed. The ground regarding Section 43B disallowance was restored to the CIT(A) for adjudication.

What were the facts?

The assessee filed an appeal with a significant delay. The assessee had pursued a rectification application before the CIT(A) which was pending, leading to the delay. The assessee also did not press a ground related to Section 80P deduction.

What were the issues?

Whether the delay in filing the appeal should be condoned, and whether the ground relating to Section 43B disallowance needs to be adjudicated by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 80P(2)(a)(i),Section 43B,Section 143(3),Section 154

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Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI S.S.GODARA, JM & SHRI DR. DIPAK P. RIPOTE, AM

For Appellant: Smt. Deepa Khare
Hearing: 11.10.2022Pronounced: 17.11.2022

ORDER

PER S. S. GODARA, JM :

1.

This assessee’s appeal for AY 2011-12 arises against the CIT(A)-2, Pune’s order dated 29/03/2016 passed in case No. PN/CIT(A)-2/ITO Wd-1 /Sat/292/2011-12 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short "the Act”. Heard both the parties. Case file perused.

The Karad Merchants Credit Co-Op. Society Ltd.,

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