NO 779 VEERAGANUR PRIMARY AGRICULTURAL CO- OPERATIVE CREDIT SOCIETY,SALEM vs. ITO, WARD-1(6),SALEM, SALEM
What did the Tribunal hold?
The Tribunal held that the CPC should not have hurriedly processed the return without waiting for the outcome of the condonation petition filed before the CBDT. The matter was set aside and remitted back to the CIT(A).
What were the facts?
The assessee filed its return of income belatedly for AY 2021-22. The CPC processed the return under Section 143(1) and disallowed deduction under Section 80P due to the delay. The CIT(A) confirmed this disallowance.
What were the issues?
Whether the CPC erred in processing the return under Section 143(1) without waiting for the decision on a pending condonation petition before the CBDT for delay in filing the return.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH, CHENNAI
Before: HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM & HON’BLE SHRI MANU KUMAR GIRI, JM
आयकर अपीलीय अिधकरण ‘सी’ �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI माननीय �ी मनोज कुमार अ�वाल ,लेखा सद� एवं माननीय �ी मनु कुमार िग�र, �ाियक सद� के सम�। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा�रणवष� / Assessment Year: 2021-22) No.779 Veeraraganur Primary Vs. The Income Tax Officer, Agricultural Co-Operative Credit Ward 1(6), Society, Salem. Veeragannur Post, Gangavalli, Attur Taluk, Salem. [PAN: AAAAN 3985A] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri. S. Sridhar, Advocate ��यथ� क� ओर से /Respondent by : Shri. P. Sajit Kumar, IRS, JCIT. सुनवाई क� तार�ख/Date of Hearing : 17.04.2024 घोषणा क� तार�ख /Date of Pronouncement : 17.04.2024 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member)
This appeal by assessee is arising out of the order of the Additional/Joint Commissioner of Income Tax (Appeals)-5, Office of the Commissioner of Income Tax (Appeal), Mumbai in Order No.ITBA/APL/S/250/2023-24/1058107266 (1), dated 21.11.2023. The assessment was framed by the DDIT/ADIT, CPC, Bengaluru for the assessment year 2021-2022, u/s. 143(1) of the Income Tax Act, 1961 (in short ‘’the Act’) vide order dated 30.09.2022..
The grounds of appeal raised by the assessee are reproduced as under: ‘’1) The order of the learned CIT(A) is bad and erroneous in law. 2) The Learned First Appellate Authority erred in not considering the submissions filed by the Appellant including the mention of pendency of condonation petition filed before the Central Board of Direct Taxes in proper perspective. 3) The Learned First Appellate Authority erred in not considering that the CPC, Bengaluru erred in hurriedly processing the Return of Income by Intimation under Section 143(1) of the Act without waiting for the outcome of the Delay Condonation Petition filed under Section 119(2)(b) before the CBDT, despite mentioning it in the Impugned Order’’.
Brief facts of the case are that the Assessee filed its return of income on 28.03.2022 declaring total income at Rs. NIL. The said return dated 28.03.2022 was processed u/s 143(1) on 30.09.2022 determining total income at Rs.7,49,430/-. In the said intimation order u/s 143(1) dated 30.09.2022 the CPC Bengaluru made disallowances of deduction u/s 80P(2)(c)(ii) and u/s 80P(2)(d) on the ground that the return was filed belatedly beyond the the extended due date of 15.03.2022.
The assessee carried the matter in appeal before the ld. CIT(A). Since the assessee has not filed the return of income withinthe extended due date of 15.03.2022 accordingly, the ld. CIT(A) confirmed the assessment and dismissed the ground raised by the assessee. On being aggrieved, the assessee is in appeal before the Tribunal.
By filing copy of the application under section 119(2) of the Act, the ld. Counsel for the assessee has submitted that the assessee has filed a condonation petition before the CBDT under section 119(2) of the Act to condone the delay in filing the return of income. It was further submission that despite having time to process the return of income under section 143(1) of the Act, the CPC, Bengaluru hurriedly processed the same by denying the claim of deduction under section 80P of the Act.
We have heard the rival submissions, perused the materials available on record and gone through paper book, the orders of authorities below. In this case,since the return of income for the assessment year 2021-22 was not filed within the extended due date of 15.03.2022,the DCIT-CPC, Bengaluru disallowed the claim of deduction under section 80P of the Act and the ld. CIT(A) confirmed the disallowance made under section 80P of the Act by the Assessing Officer.
Before the Tribunal, the ld. Counsel for the assessee has argued that despite having time to process the return of income under section 143(1) of the Act, the DCIT-CPC, Bengaluru hurriedly processed the return of income under section 143(1) of the Act without waiting for the outcome of the condonation petition filed before the CBDT. In view of the fact that the assessee has filed an application for condonation of delay before the CBDT under section 119(2)(b) of the Act, it is opined that once the delay condonation is pending before the CBDT, the Department ought to have waited for the decision of the CBDT, for the reason that, if the CBDT condone the delay, the claim of the assessee has to be considered in accordance with law. Therefore, we set aside the order passed by the ld. CIT(A) and remit the matter back to the file of the ld. CIT(A) to wait for the decision on the condonation petition filed by the assessee before the CBDT and thereafter pass order in accordance with law.
In the result, the appeal filed by the assessee in ITA 269/CHNY/2024 for assessment year 2021-2022 is allowed for statistical purposes.
Order pronounced in the open court at the time of hearing on 17th April, 2024 at Chennai.
More judgments on Section 80P
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Duddukuru Primary Agricultural Cooperative… vs ITO, Ward - 1, TadepalligudemITA 258/VIZ/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Jijamata Mahila Gramin Bigar Sheti Sahakari… vs ITO Ward -1, BhandraITA 102/NAG/2026[2020-21]Status: Disposed12 Oct 2026AY 2020-21
- Shri Na vs Ari Khedut Sahkari Society Ltd…ITA 362/SRT/2025[2016-17]Status: Disposed9 Oct 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026