THE CHANGANACHERY NORTH SERVICE CO OPERATIVE BANK NO 3849,VAZHAPPALLY-CHANGANACHERRY vs. INCOM TAX OFFICER, THIRUVALLA
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal, citing the principle of substantial justice over technicalities. It further held that the lower authorities could not have retrospectively invoked Section 143(1)(a)(v) to disallow the Section 80P deduction for the assessment year 2019-20.
What were the facts?
The assessee's appeal was dismissed by the CIT(A)/NFAC due to a significant delay in filing. The delay was attributed to the time taken for processing the appeal, including the Covid-19 pandemic period.
What were the issues?
Whether the delay in filing the appeal should be condoned and if Section 143(1)(a)(v) could be applied retrospectively to disallow Section 80P deduction.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(1)Show listHide list
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- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
Appellant by: Shri K.N. Sreekumar, Advocate Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 14.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2019-20 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1059420466(1) dated 05.01.2024 in proceedings u/s. 154 of the Income Tax Act, 1961 (the Act).
Heard both parties. Case file perused.
It emerges during the course of hearing at the outset that there is hardly any need for us to delve with the relevant factual matrix at length once it has come on record that CIT(A)/NFAC has dismissed assessee’s appeal on account of undue delay in filing the appeal.
The Revenue vehemently submits that the Assessing Officer had framed the impugned assessment on 28.01.2021; followed by assessee having filed it's lower Changanachery North Service Co-op. Bank Ltd. appeal on 21.07.2023 with a delay of 875 days [including Covid-19 pandemic). Going by the decision in the case of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC) settling the issue long back that that all such technical aspects must make way for the cause of substantial justice and as per the assessee's condonation averments herein; the above delay is condoned.
We note that the learned CPC's sec.143(1)(a)(v) "processing" dated 03.01.2021 had in fact disallowed the assessee's sec.80P(2) deduction claim of Rs. 1,40,52,151/-; which was confirmed by the CIT(A)-NFAC. We note in this factual backdrop that the legislature has amended section 143(1)(a)(v) enabling provision to this effect by way of amendment in the Finance Act, 2021 w.e.f. 01.04.2021 whereas the impugned assessment order is AY 2019-20. Meaning thereby that both the learned lower authorities could not have invoked s.143(1)(a)(v) "processing" retrospectively for disallowing assessee's impugned section 80P deduction. We accept the assessee's instant substantive ground in very terms. Ordered accordingly.
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