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Before: Shri S.S. Viswanethra Ravi&
आयकर अपीलीय अिधकरण, ’बी’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI �ी एसएस िव�ने� रिव, �ाियक सद� एवं �ी अिमताभ शु�ा, लेखा सद� के सम� Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Amitabh Shukla, Accountant Member आयकर अपील सं./ Year: 2018-19 The Tamil Nadu Tourism Development Vs. The Income Tax Officer, Corporation Employees Cooperative Non Corporate Ward 9(1), Thrift & Credit Society, Ltd., 2, Tourism Chennai. Building, Walajah Road, Off Anna Salai, Chennai 600 002. [PAN: AAABT2656F] (अपीलाथ�/Appellant) (��थ�/Respondent) अपीलाथ� की ओर से / Appellant by : Shri G. Reddi Prakash, FCA ��थ� की ओर से/Respondent by : Shri D. Hema Bhupal, JCIT सुनवाई की तारीख/ Date of hearing : 11.07.2024 घोषणा की तारीख /Date of Pronouncement : 19.07.2024 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 22.01.2024 passed by the ld. CIT(A) [NFAC], Delhi for the assessment year 2018-19.
At the outset, we note that the claim of the assessee made under section 80P of the Income Tax Act, 1961 [“Act” in short] was denied for not filing the return of income within due date prescribed under section 139(1) of the Act.
The ld. AR Shri G. Reddi Prakash, C.A. drew our attention to Circular No. 13/2023 dated 26.07.2023 of CBDT and submits that the CBDT has directed all the CCsIT/DGsIT, shall admit all the pending as well as new applications for condonation of delay in furnishing return of income claiming deduction under section 80P of the Act. Further, the ld. AR drew out attention to the order of the Coordinate Bench of the Tribunal in the case of S432 Kudimenahalli Primary Agricultural Cooperative Credit Society v. ITO in dated 04.06.2024 for the assessment year 2019-20 and submits that this Tribunal, on an identical issue in similar facts, remanded the matter to the file of the Assessing Officer to re-decide after the decision of CBDT on condonation petition. In the present case, the application of the assessee dated 09.12.2021 seeking condonation of delay is pending before the ld. PCCIT, Tamil Nadu. Therefore, we deem it proper to remand this matter to the file of the Assessing Officer for fresh adjudication in terms of the decision that may be arrived by the ld. PCCIT in the delay condonation petition filed by the assessee. Thus, the grounds Nos. 1 to 7 are allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 19th July, 2024 at Chennai.