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