G2156 SOZHANGA NALLUR URB AN CO-OPERATIVE CREDIT SO CIETY LTD,SHOLINGANALLUR V. DCIT, CENTRAL CIRCLE 3(3) , CHENNAI

ITA 3184/CHNY/2024

AI Insights

The case involves Sozhanga Nallur URB An Co-operative Credit Society Limited, the appellant, contesting an order from the CIT(A), Chennai-20, which confirmed the disallowance of a deduction claim under section 80P of the Income Tax Act, 1961 for the assessment year 2019-20. The disallowance was initially due to the late filing of the income tax return beyond the due date prescribed under section 139(1) of the Act. The appellant had filed a condonation of delay application, which was pending before the DGIT (Investigation), Chennai at the time of the tribunal's decision. The tribunal, considering the pending application, restored the matter to the AO to decide on the deduction claim contingent upon the outcome of the condonation application.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 36125 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2019-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOUTHAMI MANIVASAGAM
• Assessee Lawyers: K.SOWNDARYA
• Keywords: Condonation of delay; Co-operative Credit Society
• Section: 250; 80P

Judgement Text

"आयकर अपीलȣय अͬधकरण, ‘बी’ Ûयायपीठ, चेÛन IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH, CHENNAI Įी जॉज[ जॉज[ क े, उपाÚय¢ एवं Įी एस.आर.रघुनाथा, लेखा सदèय क े सम¢ BEFORE SHRI GEORGE GEORGE K, VICE PRESIDENT AND SHRI S.R. RAGHUNATHA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.: 3184/CHNY/2024 िनधाᭅरण वषᭅ/Assessment Year: 2019-20 G2156 Sozhanga Nallur URB An Co-operative Credit Society Limited, 1,Devaraj Nagar, 3rd Main Road, Sholinganallur, Chennai-600 119. PAN: AABAG-2604-G Vs. Deputy Commissioner of Income Tax, Central Circle-3(3), Chennai. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : Ms. K.Sowndarya, Advocate ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Ms. Gouthami Manivasagam, JCIT सुनवाई कᳱ तारीख/Date of Hearing : 25.02.2025 घोषणा कᳱ तारीख/Date of Pronouncement : 26.02.2025 आदेश /O R D E R PER GEORGE GEORGE K, VICE PRESIDENT: This appeal at the instance of the assessee is directed against order of the CIT(A), Chennai-20, dated 16.10.2024 passed under section 250 of the Income Tax Act, 1961, (hereinafter called ‘the Act’). The relevant Assessment Year is 2019-20. 2. The solitary issue that raised in this appeal is whether CIT(A) was justified in confirming disallowance of claim of deduction u/s.80P of the Act. - 2 - ITA No. 3184/CHNY/2024 3. The reason for not granting the deduction u/s.80P of the Act was that assessee had not filed return of income within the due date prescribed u/s.139(1) of the Act and in view of section 80AC, the claim of deduction u/s.80P was denied. The Ld. AR submitted that assessee has filed condonation of delay application for condoning delay in filing return of income and same is pending consideration before DGIT (Investigation), Chennai. A copy of the application dated 24.12.2024 for condoning delay in filing of return of income is placed on record. The Ld.AR submitted in view of pendency of condonation of delay application, the issues raised in this appeal may be restored to the files AO to await outcome of condonation of application and direct AO thereafter to take a decision as regards claim of deduction u/s.80P of the Act. 4. The Ld.DR was duly heard. 5. We have heard rival submissions and perused material on record. The claim of deduction u/s 80P was denied for the reason that assessee has not filed return of income within due date prescribed. The assessee now before Tribunal has placed on record condonation of delay application, which is pending consideration. In view of the pendency of condonation application, we deem it appropriate to restore the matter to the files of AO. The AO is directed to await outcome of condonation application and shall take - 3 - ITA No. 3184/CHNY/2024 a decision as regards claim of deduction u/s.80P, if the delay in condonation of application was disposed off in favour of the assessee. The AO shall afford reasonable opportunity of being heard to the assessee before a decision is taken in the matter. It is ordered accordingly. 6. In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 26th February, 2025. Sd/- Sd/- (एस.आर. रघुनाथा) (S.R. RAGHUNATHA) लेखा सदèय/ACCOUNTANT MEMBER (जॉज[ जॉज[ क े) (GEORGE GEORGE K) उपाÚय¢ /VICE PRESIDENT चेÛनई/Chennai, Ǒदनांक/Dated, the 26th February, 2025 DS आदेश कȧ ĤǓतͧलͪप अĒेͪषत/Copy to: 1. अपीलाथȸ/Appellant 2. Ĥ×यथȸ/Respondent 3. आयकर आयुÈत /CIT, Chennai 4. ͪवभागीय ĤǓतǓनͬध/DR 5. गाड[ फाईल/GF. "