RANDHEJA DUDH UTPADAK SAHAKARI MANDLI LTD.,GANDHINAGAR vs. THE ITO, WARD-3 NOW WARD-1, GANDHINAGAR

ITA 649/AHD/2023Status: DisposedITAT Ahmedabad27 June 2024AY 2017-18Bench: SMT.ANNAPURNA GUPTA (Accountant Member)13 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that a claim for deduction made in a return filed in response to a notice under Section 142(1) is a valid return. Therefore, the denial of deduction under Section 80P was incorrect.

What were the facts?

The assessee, a cooperative society, filed its return of income belatedly claiming deduction under Section 80P. The Assessing Officer denied the claim citing Section 80A(5) for not filing the return within the prescribed time. The CIT(A) confirmed this disallowance.

What were the issues?

Whether a deduction claim made in a return filed beyond the due date, but in response to a Section 142(1) notice, is allowable under Section 80P despite Section 80A(5).

Which sections of the Income-tax Act were involved?

Section 80P,Section 80A(5),Section 139(1),Section 142(1)

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD

For Appellant: Shri M.K. Patel, Advocate
Hearing: 04/04/2024Pronounced: 27/06/2024

आदेश आदेश आदेश The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [in short referred to as ld.CIT(A)] under section 250 of the Income Tax Act, 1961 dated 22.11.2021 pertaining to Asst.Year 2017-18. 2. The Registry has notified that the appeal of the assessee is barred by limitation by 581 days. In order to explain the reasons for the impugned delay, the ld.counsel for the assessee submitted that the CIT(A)/NFAC

The order continues below.

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