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

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ITA 8/CHNY/2024Status: DisposedITAT Chennai15 April 2024AY 2021-22Bench: 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 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?

Section 80P,Section 119(2)(b),Section 143(1)

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)

1.

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.

2.

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.

3.

The appeal stand allowed for statistical purposes. Order pronounced on 16th April, 2024.

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