Appeal details
Counselvise Citation
[2025] 140 COUNSELVISE.COM (IT) 18545 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
14-03-2025
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Assessment Year
2021-2022
Judgement Text
" \n \n \nआयकर अपीलीय अिधकरण ‘ए’’’ Ɋायपीठ चेɄई मŐ। \nIN THE INCOME TAX APPELLATE TRIBUNAL \n‘A’ BENCH, CHENNAI \n \nमाननीय ŵी मनु क\nुमार िगįर, Ɋाियक सद˟ एवं \nमाननीय ŵी जगदीश, लेखा सद˟ क\nे समƗ। \nBEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER \nAND HON’BLE SHRI JAGADISH, ACCOUNTANT MEMBER \n \nआयकरअपील सं./ ITA No.2930/Chny/2024 \n(िनधाŊरणवषŊ / Assessment Year: 2021-2022) \n \nED1744 Rayapalayam Milk \nProducers Cooperative Society Ltd, \nRayapalayam, \nNadiyanur Post, \nErode 638 107. \n \n[PAN: AAAAE 6841Q] \nVs. The Income Tax Officer, \nWard 2(1) \nErode \n \n(अपीलाथȸ/Appellant) \n \n(Ĥ×यथȸ/Respondent) \n \nअपीलाथȸ कȧ ओर से/ Appellant by \n: Shri S. Bhupendran, Adv (Virtual) \nĤ×यथȸ कȧ ओर से /Respondent by \n: Shri. P. Vijaideepan, JCIT \n \nसुनवाई कȧ तारȣख/Date of Hearing \n: 13.02.2025 \nघोषणा कȧ तारȣख /Date of Pronouncement \n: 14.03.2025 \n \nआदेश / O R D E R \n \nMANU KUMAR GIRI (Judicial Member) \n \nThe captioned appeal filed by the assessee is directed against the order of \nthe Ld. Commissioner of Income Tax (Appeals) Addl/JCIT(A)-1 Noida [CIT(A)] dated \n14.10.2024 for Assessment Year 2021-2022. \n2. \nBrief facts are as under: \nThe assessee is a co-operative society and had claimed the deduction of Rs. \n2,41,179/- under section 80P of the Act. The appellant had filed its Return of \n\n 2 ITA No.2930/Chny/2024 \n \n \n \nIncome (ITR) u/s 139 of the Act on 17.12.2021 which was beyond the last date for \nfiling the ITR for the relevant A.Y. as per the Explanation 2 of sub-section (1) of \nsection 139 of the Act. An intimation order u/s 143(1) of the Act was passed on \n19.10.2022, wherein the deduction claimed by the appellant was disallowed by the \nAO, CPC. Since the appellant has filed its ITR beyond the 'due date' for filing the \nITR, it is clear that the appellant has failed to satisfy the conditions of section 80AC \nof the Act which is necessary to claim the deductions u/s 80P of the Act. The \nassessee challenged the order of the AO before the ld. CIT(A) who confirmed the \norder of AO. Aggrieved assessee is in appeal before us. \n \n3. \nThe ld. counsel for the assessee submitted that the Income Tax Return was \nfiled on 17.12.2021, which was within the extended time limit u/s 139(1). The \nextended time limit was 15.03.2022. \n \n4. \nPer contra, the ld. DR, did not controvert the assertions of the assessee. \n \n5. \nWe have heard the both parties and perused the orders of the lower \nauthorities. We find that the last date for filing the return of Income was extended \nto 15.03.2022. However, the assessee filed the return of Income on 17.12.2022 \nwell within the extended period of limitation as per CBDT. Therefore, AO, CPC is \ndirected to allow the deduction u/s 80P(2)(d) as claimed by the assessee. \n \n6. \nIn result, the appeal of the assessee is allowed for statistical purposes. \n \n \n\n 3 ITA No.2930/Chny/2024 \n \n \n \nOrder pronounced in open court on 14th of March, 2025 at Chennai. \n \n \n \nSd/- \n \n \n \n \n \nSd/- \n \n(जगदीश) \n(JAGADISH) \nलेखा सद˟ / ACCOUNTANT MEMBER \n(मनु क\nुमार िगįर) \n(MANU KUMAR GIRI) \nɊाियक सद˟ / JUDICIAL MEMBER \nचेɄई Chennai: \nिदनांक Dated :14-03-2025 \nKV \nआदेश कȧ ĤǓतͧलͪप अĒेͪषत /Copy to : \n1. अपीलाथŎ/Appellant \n2. ŮȑथŎ/Respondent \n3. आयकरआयुƅ/CIT, Chennai/Coimbatore/Madurai/Salem. \n4. िवभागीयŮितिनिध/DR \n5. गाडŊफाईल/GF \n \n"
Mehul