AA204 KAVINDAPADI PACCS, ERODE V. DCIT,CPC, BANGALORE

ITA 184/CHNY/2023

AI Insights

The case involves the Kavindapadi Primary Agricultural Co-operative Credit Society Ltd., which appealed against the decision of the Commissioner of Income Tax (Appeals) confirming the AO's action in denying the claim of deduction under section 80P of the Income Tax Act due to the late filing of the income tax return for the assessment year 2019-20. The assessee had filed a condonation petition for the delay in filing the return, which was still pending with the CBDT at the time of the appeal. The Tribunal decided to remand the case back to the AO, instructing to await the outcome of the condonation petition before making a final decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134743 (ITAT-CHENNAI)
• Duration Of Justice: 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-03-2023
• Assessment Year: 2019-2020
• Appeal Filed On: 13-02-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण, ‘ए’ (एस एम सी) ᭠यायपीठ,चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ (SMC) BENCH, CHENNAI ᮰ी महावीर ᳲसह, उपा᭟यᭃ के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT आयकर अपील सं./ITA No.: 184/CHNY/2023 िनधाᭅरण वषᭅ/Assessment Year: 2019-20 AA204 Kavindapadi Primary Agricultural Co-operative Credit Society Ltd., 15, Appakudal Road, Kavindapadi, Erode – 638 455. PAN: AADAA 7854Q Vs. The Income Tax Officer, Ward 2(5), Erode. (अपीलाथᱮ/Appellant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से/Appellant by : None ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri S. Chandrasekaran, JCIT सुनवाई कᳱ तारीख/Date of Hearing : 09.03.2023 घोषणा कᳱ तारीख/Date of Pronouncement : 09.03.2023 आदेश /O R D E R This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in Appeal No.CIT(A), Coimbatore- 3/10110/2020-21 dated 12.01.2023. The return of income was processed and intimation u/s.143(1) of the Income Tax Act, 1961 (hereinafter the ‘Act’) was issued by the DCIT, CPC, Bengaluru for the assessment year 2019-20 vide order dated 14.08.2020. - 2 - ITA No.184/Chny/2023 2. The only issue in this appeal of assessee is as regards to CIT(A) not considering the fact that the assessee has moved condonation petition for filing delayed return of income before CBDT and without waiting the outcome of the condonation petition CIT(A) confirmed the action of the AO in denying the claim of deduction u/s.80P of the Act on the ground that the assessee has not filed return of income on the specified date u/s.139(1) of the Act. 3. When the appeal was called for hearing, none is present from assessee’s side. On going through the facts of the case, I noticed that this case can be decided ex-parte qua assessee. Hence, appeal was taken up for hearing ex-parte, qua assessee. 4. The fact is that the assessee filed its return of income for the assessment year 2019-20 on 24.06.2020 u/s.139(4) of the Act and not within the due date as prescribed u/s.139(1) of the Act. Hence, the claim of deduction u/s.80P of the Act was disallowed by the AO. Aggrieved, assessee preferred appeal before CIT(A). The CIT(A) also confirmed the action of the AO. Aggrieved, assessee is in appeal before the Tribunal. 4. From the facts of the case, I noted that the only request of assessee now before us is that the assessee’s representation to - 3 - ITA No.184/Chny/2023 CBDT praying for condonation of delay in filing return of income u/s.139(1) of the Act is pending u/s.119(2) of the Act. In view of the request of assessee that the assessee’s condonation petition is pending before CBDT u/s.119(2) of the Act, I set aside the orders of lower authorities and remand the matter back to the file of AO to await the decision of CBDT and thereafter decide the case of assessee. The assessee will take steps to pursue with the CBDT and the Income Tax Department will also pursue the condonation application and hopefully, the CBDT will decide the condonation petition as early as possible. In term of the above, the appeal of assessee is allowed for statistical purposes. 5. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open court on 9 th March, 2023 at Chennai. Sd/- (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 9 th March, 2023 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Appellant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ /CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF.