H P C EMPLOYEES COOPERATIVE SOCIETY LIMITED,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-2(5), VISAKHAPATNAM

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ITA 324/VIZ/2024Status: DisposedITAT Visakhapatnam14 November 2024AY 2018-19Bench: SHRI K. NARASIMHA CHARY (Judicial Member), SHRI MADHUSUDAN SAWDIA (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the findings of the CIT(A) and dismissed the appeal. This decision was based on a previous order in the assessee's own case for the same assessment year and similar disallowance.

What were the facts?

The assessee challenged an order of the CIT(A) which sustained an addition made by the AO. The addition was related to a deduction claimed by the assessee under Section 80P of the Act, which was disallowed due to a belatedly filed return of income.

What were the issues?

Whether a deduction under Section 80P can be allowed when the return of income is filed belatedly. The appeal was dismissed as it was covered by a previous decision of the Tribunal.

Which sections of the Income-tax Act were involved?

Section 80P,Section 143(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI K. NARASIMHA CHARY & SHRI MADHUSUDAN SAWDIA

For Respondent: Dr. Aparna Villuri, Sr. AR
Hearing: 14/11/2024

आदेश / ORDER PER K. NARASIMHA CHARY, J.M: This is an appeal challenging the order dated 25/07/2019 passed by the learned Commissioner of Income Tax (Appeals), Visakhapatnam (“learned CIT(A)”) sustaining the addition made in the order dated 29/06/2019 passed U/s. 143(1) of the Income Tax Act, 1961 (“the Act”) though the fact that the assessee filed appeal challenging the deduction claimed by the assessee U/s. 80P of the Act on the ground that the assessee filed the return of income belatedly.

2.

At the outset, the learned Authorized Representative (“learned AR”) submitted that in respect of similar disallowance, addition was made by the learned Assessing Officer (“learned AO”) and sustained by the learned CIT(A). When the matter was carried on appeal to the Tribunal in (AY 2018-19) by order dated 24/07/2024, the Tribunal sustained the same and dismissed the appeal filed by the assessee.

3.

Learned Departmental Representative (“learned DR”) also submitted the same.

4.

In this view of the situation and the matter being covered by the order dated 24/07/2024 in (supra) in the assessee’s own case, respectfully following the same, we uphold the findings of the learned CIT(A) in the impugned order and dismiss the appeal.

5.

In the result, appeal of the assessee is dismissed. Order pronounced in the open court on this the 14th day of November, 2024.

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