S THAMMAMPATTY PACB,SALEM vs. ITO,WRD-1(6), SALEM
What did the Tribunal hold?
The Tribunal set aside the impugned order and restored the appeal to the CIT(A). The CIT(A) is directed to await the outcome of the condonation petition filed before the CBDT and re-adjudicate the appeal.
What were the facts?
The assessee was denied deduction under Section 80P because their return of income was filed with a delay. The CIT(A) confirmed this denial. The assessee has filed a petition before the CBDT seeking condonation of the delay.
What were the issues?
Whether the deduction under Section 80P can be allowed when the return of income is filed belatedly, and if the delay can be condoned by the CBDT.
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 सद3 एवं माननीय +ी मनु कुमार िग7र, �ाियक सद3 के सम8। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI MANU KUMAR GIRI, JM आयकरअपील सं./ (िनधा9रणवष9 / Assessment Year: 2021-22) S.THAMMAMPATTY PACB ITO बनाम/ Vs. Thammampatty Post Office Ward-1(6), Gengavalli Taluk, Salem-636 113. Salem. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABAS-5018-G (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ� कीओरसे/ Appellant by : None � थ�कीओरसे/Respondent by : Shri P. Sajit Kumar (JCIT)-Ld. Sr. DR सुनवाई की तारीख/Date of Hearing : 16-04-2024 घोषणा की तारीख /Date of Pronouncement : 16-04-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 03-11-2023 in the matter of an intimation issued by CPC u/s 143(1) of the Act on 02-11-2022. In the intimation, the assessee was denied deduction u/s 80P since the return of income was filed with a delay. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us.
At the time of hearing, the Ld. AR sought adjournment which was rejected. The Ld. Sr. DR pleaded for dismissal of the appeal. However, upon perusal of case records, it transpires that the assessee has filed petition before Hon’ble CBDT seeking condonation of delay u/s 119(2)(b) which is stated to be pending for disposal. We find that the outcome of the same would have direct bearing on the assessee’s claim since the deduction has been denied only because of the fact that the return of income was filed belatedly. The copy of petition as filed before CBDT has been placed on record. Therefore, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) who shall await the outcome of the aforesaid condonation petition and re-adjudicate the appeal de novo. The assessee is directed to intimate the outcome of the petition as and when the same is disposed-off.
The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.
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
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