S THAMMAMPATTY PACB,SALEM vs. ITO,WRD-1(6), SALEM

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.