THE TAMILNADU TOURISM DEVELOPMENT CORPORATIONEMPLOYEES COOPERATIVE THRIFT &CREDIT SOCIETY LTD.,CHENNAI vs. ITO, NON COPORATE WARD-9(1), CHENNAI

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.