AA368 APPAKUDAL PUDUPALAYAM AGRI CO-OP CREDIT SOCIETY , ERODE V. DCIT-CPC , BANGALORE

ITA 638/CHNY/2022

AI Insights

The case involves the Appakudal Pudupalayam Agri Co-Op. Credit Society, which appealed against the orders of the Commissioner of Income Tax, National Faceless Appeal Centre, Delhi, concerning the assessment years 2018-19 and 2019-20. The primary issue was the denial of a deduction under Section 80P of the Income Tax Act, 1961, by the Assessing Officer during the processing of the returns under Section 143(1) without awaiting the outcome of a condonation petition for the late filing of returns submitted to the CBDT. The Tribunal found that the matter could be decided without the presence of the assessee and restored the appeals to the CIT(A) to await the decision on the condonation petition.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135080 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 29-01-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 28-07-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 143(1); 80P

Judgement Text

आयकर अपीलीय अिधकरण, ‘सी’ यायपीठ, चे ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI ी महावीर सह, उपा य एवं ी मनोज कुमार अ वाल, लेखा सद य के सम BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.638 & 640/Chny/2022 िनधा रण वष /Assessment Years: 2018-19 & 2019-20 AA 368 Appakudal Pudupalayam Agri Co-Op. Credit Society, Pudupalayam, Sakthi Nagar, Erode – 638 315. [PAN: AACAA-0858-K] Vs. The Dy. Commissioner of Income Tax / The Asst. Director of Income Tax, Centralized Processing Center, Bengaluru. ( अपीलाथ /Appellant) ( यथ /Respondent) अपीलाथ क ओर से/ Appellant by : None यथ क ओर से /Respondent by : Shri M. Rajan, CIT & Ms. Jancy Elizabeth, JCIT सुनवाई क तारीख/Date of Hearing : 30.01.2023 घोषणा क तारीख /Date of Pronouncement : 30.01.2023 आदेश / O R D E R Per Mahavir Singh, Vice President : These two appeals by the assessee are arising out of the orders of Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi, [CIT(A)] in Appeal Nos.NFAC/2017-18/10033694 & CIT(A), Coimbatore-3/10113/2020-21 both dated 10.06.2022. The ITA Nos.638 & 640/Chny/2022 :- 2 -: returns of income for the assessment years 2018-19 & 2019-20 was processed by DCIT & ADIT, CPC, Bengaluru by issuing intimations u/s.143(1) of the Income Tax Act, 1961 (hereinafter the ‘Act’) dated 09.08.2019 & 06.08.2020, respectively. 2. The only common issue in these two appeals of the assessee is as regards to the order of CIT(A) not considering the fundamental fact that the assessee has moved of condonation petition for filing delayed return of income before Central Board of Direct Taxes (CBDT) and without waiting the outcome of the condonation petition CIT(A) confirmed the action of the Assessing Officer (AO) in denying the claim of deduction made by assessee u/s. 80P of the Act, while processing the return of income u/s. 143(1) of the Act. For this, the assessee has raised identical worded grounds in both the years and the facts and circumstances are also identical. The relevant ground No.2 as raised by the assessee in ITA No.638/Chny/2022 for A.Y 2018-19 reads as under: “2. The learned CIT(A) erred in not considering the fundamental fact the Assessing Officer, while processing the return of income u/s. 143(1), denied the claim of deduction made by the appellant u/s. 80P of the IT Act, without waiting for the outcome of the condonation petition filed before the CBDT.” ITA Nos.638 & 640/Chny/2022 :- 3 -: 3. We have heard Ld. CIT-DR and Sr. D.R. Despite issuance of notice, assessee moved adjournment petition but going through the file, it is noticed that without the presence of the assessee the matter can be decided. Hence, we took up the matter and decided to adjudicate the same. 4. At the outset, the Ld. CIT-DR as well as Ld. Sr. D.R has not raised the objection as regards to restoring the matter back to the file of the CIT(A) and to await the decision of CBDT in regard to assessee’s condonation petition for condonation of late filing of return of income and consequently deciding the deduction u/s. 80P of the Act. In term of the above, we restore these two appeals of assessee back to the file of the CIT(A). We also direct the concerned A.O to take up the matter with the CBDT for expediency disposal of the relevant condonation petition filed before CBDT by the assessee for condonation of late filing of returns of income for the relevant A.Ys 2018-19 & 2019-20. In term of the above, the orders of the lower authorities in both the A.Ys are set aside and both the appeals of the assessee are allowed for statistical purposes. ITA Nos.638 & 640/Chny/2022 :- 4 -: 5. In the result, both the appeal of the assessee are allowed for statistical purposes. Order pronounced in the open Court on 30 th January, 2023. Sd/- Sd/- (मनोज मनोजमनोज मनोज कुमार कुमारकुमार कुमार अ वाल अ वालअ वाल अ वाल) (Manoj Kumar Aggarwal) लेखा लेखालेखा लेखा सद य सद यसद य सद य /Accountant Member (महावीर िसंह) (Mahavir Singh) उपा / Vice President चे ई/Chennai, दनांक/Dated: 30 th January, 2023 EDN/- आदेश क ितिलिप अ ेिषत/Copy to: 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A) 4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF