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Facts
The assessee, State Bank of India Officers Multi Purpose Co-operative Society, filed an appeal against the order dated 2.9.2025. The assessee had not filed its return of income for the assessment year 2019-20, and the Assessing Officer denied the benefit of exemption u/s. 80P.
Held
The assessee approached the PCCIT for condoning the delay in filing the return, and the PCCIT condoned the delay. The return was filed on 4.12.2025. In the interest of justice, the issues were restored to the Assessing Officer for readjudication.
Key Issues
Whether the assessee is entitled to exemption u/s 80P when the return was filed belatedly and whether the delay in filing the return should be condoned.
Sections Cited
80P, 139(1)
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
आदेश / O R D E R Per Bench :
This is an appeal filed by the assessee against the order dated 2.9.2025 passed by ld CIT(A), NFAC, Delhi in Appeal No.NFAC/2018-19/10379873 for the assessment year 2019-20.
Shri K.K.Bal, ld AR appeared for the assessee and Shri Vijaya Singh, ld Sr DR appeared for the revenue.
It was submitted by ld AR that the assessee had not filed its return of income for the impugned assessment year. The Assessing officer had passed the assessment order denying the assessee the benefit of exemption u/s. 80P of the Act. It was the submission that the assessee had approached the Ld. PCCIT for condoning the delay in filing of income tax return. The ld. PCCIT has condoned the delay in filing of the return as per conditions mentioned in pqara- 6 of the CBDT Circular No.13/2023 dated 26.7.2023 and has directed that the return is to be treated in response to notice u/s.139(1) of the Act vide his order dated 6.11.2025 in No.ITBA/COM/F/17/2025-26/1082342750(1). The return has been filed by the assessee on 4.12.2025. This being so, in the interest of justice, the issues in this appeal are restored to the file of the Assessing Officer to readjudicate the issue afresh after granting adequate opportunity of hearing to the assessee and after taking into consideration the order of the PCCIT, Odisha vide dated 6.11.2025.
In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 4/12/2025.