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
Facts
The assessee filed an appeal against an order arising from aCPC-AO assessment. The assessee had filed a petition for condonation of delay under section 119(2)(b) of the Act, which was allowed.
Held
The tribunal accepted the assessee's prayer to withdraw the appeal as it had become infructuous. The delay in filing the return of income was condoned, which was the sole ground for the rejection of the assessee's claim under section 80P of the Act.
Key Issues
Whether the appeal can be allowed to be withdrawn as infructuous due to condonation of delay in filing the return of income.
Sections Cited
143(1), 119(2)(b), 80P
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT
Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA
आयकर अपील�य अ�धकरण, राजकोट �यायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकर अपील सं/.ITA No.831/RJT/2024 �नधा�रणवष�/ Assessment Year: (2019-20) Liliya Lathi Taluka Sahkari Income Tax Officer Ward- बनाम Kharid Vechan Sangh Ltd. 3(1)(4), Rajkot. At Liliya Mota, Vs. Amreli-365535. PAN/GIR No. ABKAS8870J �थायीलेखासं /. जीआइआरसं /. (अपीलाथ�/Appellant) .. (��यथ�/Respondent) �नधा�रती क� ओर से/Assessee by : Shri D.M. Rindani, AR राज�व क� ओर से/Revenue by : Shri Abhimanyu Singh Yadav, Sr. DR
सुनवाई क� तार�ख /Date of Hearing : 13/01/2025 घोषणा क� तार�ख /Date of Pronouncement : 20/01/2025 आदेश/Order Per Dr. Arjun Lal Saini, A.M Captioned appeal filed by the assessee, pertaining to assessment year 2019-20, is directed against the order passed by the Learned Commissioner of Income Tax (Appeal) [in short ‘Ld. CIT(A)’], dated 28/08/2024, which in turn arises out of an assessment order passed by the assessing officer ( CPC-AO) under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), vide order dated 11.01.2021.
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. 3. 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.
Based on these facts and circumstances, we permit the assessee to withdraw this appeal.
In the result, the appeal of the assessee, is dismissed, as withdrawn.
Order is pronounced in the open court on 20/01/2025
Sd/- Sd/- (DINESH MOHAN SINHA) (Dr. A.L. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Rajkot �दनांक/ Date: 20/01/2025 Copy of the Order forwarded to 1. The Assessee 2. The Respondent 3. The CIT(A) 4. Pr. CIT 5. DR/AR, ITAT, Rajkot
Guard File By order
Assistant Registrar/Sr. PS/PS ITAT, Rajkot
