TOWN AND CITY DEVELOPERS,COIMBATORE vs. ITO, NCW 1(1), COIMBATORE

PDF · subscribers
ITA 547/CHNY/2024Status: DisposedITAT Chennai20 May 2024AY 2020-21Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI (Judicial Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) for fresh adjudication, directing the CIT(A) to provide a hearing opportunity and consider the outcome of the petition filed under Section 119(2)(b).

What were the facts?

The assessee claimed deduction under Section 80-IBA, which was denied by the AO for failing to file the return of income by the due date, as per Section 80AC. The CIT(A) confirmed this denial as the assessee did not appear before them.

What were the issues?

Whether the assessee is eligible for deduction under Section 80-IBA when the return was filed beyond the due date, and if the delay can be condoned.

Which sections of the Income-tax Act were involved?

Section 80-IBA,Section 80AC,Section 139(1),Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, CHENNAI

Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2020-21 arises out of an passed by learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] on 15-01-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Act on 09-09-2022. The assessee claimed deduction u/s 80-IBA which was denied by Ld. AO considering the provisions of Sec.80AC since the assessee failed to furnish the return of income u/s 139(1) on or before due date. . The Ld. CIT(A) confirmed the same since the assessee did not appear during appellate proceedings. Aggrieved, the assessee is in further appeal before us. The Ld. AR sought another opportunity of hearing before lower authorities and also submitted that the assessee has already filed petition u/s 119(2)(b) seeking condonation of delay. The Sr. DR pleaded for dismissal of the appeal.

2.

Considering the facts as stated by Ld. AR, we deem it fit to restore the appeal back to the file of Ld. CIT(A) for fresh adjudication. The Ld. CIT(A) shall provide opportunity of hearing to the assessee and also consider the outcome of petition filed u/s 119(2)(b).

3.

The appeal stand allowed for statistical purposes. Order pronounced on 20th May, 2024.

More judgments on Section 80AC

All 666 judgments and leading authorities on Section 80AC →

Recent GST High Court judgments

Search GST case law →