AI Insights
The case involves the Rayapalayam Milk Producers Cooperative Society Ltd, which appealed against the order of the Commissioner of Income Tax (Appeals) confirming the disallowance of a deduction claimed under section 80P of the Income Tax Act. The deduction of Rs. 2,41,179 was initially disallowed by the Assessing Officer because the return was filed beyond the 'due date'. However, the assessee argued that the return was filed within an extended deadline. The tribunal agreed with the assessee, noting that the return was indeed filed within the extended period, and directed the Assessing Officer to allow the deduction as claimed.
Appeal details
Counselvise Citation
[2025] 140 COUNSELVISE.COM (IT) 472437 (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
" आयकर अपीलीय अिधकरण ‘ए’’’ Ɋायपीठ चेɄई मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI माननीय ŵी मनु क ुमार िगįर, Ɋाियक सद˟ एवं माननीय ŵी जगदीश, लेखा सद˟ क े समƗ। BEFORE HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI JAGADISH, ACCOUNTANT MEMBER आयकरअपील सं./ ITA No.2930/Chny/2024 (िनधाŊरणवषŊ / Assessment Year: 2021-2022) ED1744 Rayapalayam Milk Producers Cooperative Society Ltd, Rayapalayam, Nadiyanur Post, Erode 638 107. [PAN: AAAAE 6841Q] Vs. The Income Tax Officer, Ward 2(1) Erode (अपीलाथȸ/Appellant) (Ĥ×यथȸ/Respondent) अपीलाथȸ कȧ ओर से/ Appellant by : Shri S. Bhupendran, Adv (Virtual) Ĥ×यथȸ कȧ ओर से /Respondent by : Shri. P. Vijaideepan, JCIT सुनवाई कȧ तारȣख/Date of Hearing : 13.02.2025 घोषणा कȧ तारȣख /Date of Pronouncement : 14.03.2025 आदेश / O R D E R MANU KUMAR GIRI (Judicial Member) The captioned appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals) Addl/JCIT(A)-1 Noida [CIT(A)] dated 14.10.2024 for Assessment Year 2021-2022. 2. Brief facts are as under: The assessee is a co-operative society and had claimed the deduction of Rs. 2,41,179/- under section 80P of the Act. The appellant had filed its Return of 2 ITA No.2930/Chny/2024 Income (ITR) u/s 139 of the Act on 17.12.2021 which was beyond the last date for filing the ITR for the relevant A.Y. as per the Explanation 2 of sub-section (1) of section 139 of the Act. An intimation order u/s 143(1) of the Act was passed on 19.10.2022, wherein the deduction claimed by the appellant was disallowed by the AO, CPC. Since the appellant has filed its ITR beyond the 'due date' for filing the ITR, it is clear that the appellant has failed to satisfy the conditions of section 80AC of the Act which is necessary to claim the deductions u/s 80P of the Act. The assessee challenged the order of the AO before the ld. CIT(A) who confirmed the order of AO. Aggrieved assessee is in appeal before us. 3. The ld. counsel for the assessee submitted that the Income Tax Return was filed on 17.12.2021, which was within the extended time limit u/s 139(1). The extended time limit was 15.03.2022. 4. Per contra, the ld. DR, did not controvert the assertions of the assessee. 5. We have heard the both parties and perused the orders of the lower authorities. We find that the last date for filing the return of Income was extended to 15.03.2022. However, the assessee filed the return of Income on 17.12.2022 well within the extended period of limitation as per CBDT. Therefore, AO, CPC is directed to allow the deduction u/s 80P(2)(d) as claimed by the assessee. 6. In result, the appeal of the assessee is allowed for statistical purposes. 3 ITA No.2930/Chny/2024 Order pronounced in open court on 14th of March, 2025 at Chennai. Sd/- Sd/- (जगदीश) (JAGADISH) लेखा सद˟ / ACCOUNTANT MEMBER (मनु क ुमार िगįर) (MANU KUMAR GIRI) Ɋाियक सद˟ / JUDICIAL MEMBER चेɄई Chennai: िदनांक Dated :14-03-2025 KV आदेश कȧ ĤǓतͧलͪप अĒेͪषत /Copy to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT, Chennai/Coimbatore/Madurai/Salem. 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF "
Mehul