ADIWASI DUDHG UTPADAK KRISHI PURAK SANGH,NNDURBAR vs. INCOME TAX OFFICER, WARD-1, DHULE , DHULE

The assessee pleads the following substantive grounds in the instant appeal :

2 ITA.No.413/PUN./2024 2. The ADDL/JCIT (A)-1 should have allowed the deduction under Section 80P available for the Co-operative society considering the fact that the Assessee is eligible for the deduction notwithstanding delay in filing the return of Income. [Rs.4,05,390/-]. 3. The Appellant craves leave to add, substitute, amend, delete any of the grounds of appeal.”

The Learned DR invited my attention to the impugned lower appeal discussion reading as under :

I have gone through the assessee’s pleadings and heard the Learned DR’s vehement submissions supporting the impugned sec.80P deduction disallowance(s). It emerges from perusal of the case file that the assessee had not submitted it’s return u/sec.139(1) of the Act within the “due” date. Lower appellate discussion to this effect in para-7.6 hereinabove has given a categorical finding that the assessee had filed it’s return on 07.11.2022 suffering from 237 days delay. That being the clinching fact, this tribunal is of the opinion that the same could not be taken as a rectifiable mistake u/sec.154 of the Act since requiring detailed adjudication in light of T S Balram, ITO vs. Volkart Bros. [1971] 82 ITR 50 (SC). I thus reject the assessee’s instant appeal in very terms with liberty to take recourse to appropriate remedy(ies) of filing regular appeal as per law, if so advised. Ordered accordingly.