SHREE LILIYA LATHI TALUKA SAHAKARI KHARID VECHAN SANGH LTD.,AT. LILIYA MOTA, TALUKA LATHI, DIST. AMRELI vs. THE INCOME TAX OFFICER, WARD-3 (1) (4), AMRELI

At the outset, Learned Counsel for the assessee, begins by pointing out that assessee filed a petition for condonation of delay under section 119(2)(b) of the Act, which has been allowed by the ld. CCIT -Rajkot, vide his order dated 14.11.2024. Since the delay in filing the return of income filed by the assessee has been condoned by the ld. CCIT, which was the sole ground of CPC – AO for rejection of assessee`s claim under section 80P of the Act, therefore, now this appeal becomes infructuous, hence the same may be allowed to be withdrawn.

On the other hand, Learned DR for the Revenue did not have any objection if the appeal of the assessee is dismissed as withdrawn.

We have heard both the parties. We accept the prayer of the assessee, to the effect that since the delay in filing the return of income, filed by the assessee, has been condoned by the ld. CCIT, which was the sole ground of CPC–AO for rejection of assessee`s claim under section 80P of the Act, therefore, now this appeal becomes infructuous. Therefore, we direct the assessing officer to pass the consequential order, as early as possible, in accordance with law.