K 248 KARUNAIPALAYAM PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, TIRUPUR V. Deputy Commissioner of Income Tax, CPC, BENGALURU

MA 117/CHNY/2023

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The case involves M/s. K 248 Karunaipalayam Primary Agricultural Co-operative Credit Society, which filed a miscellaneous application seeking rectification of a mistake in the Tribunal's earlier order concerning the claim of deduction under section 80P of the Income Tax Act, 1961. The Tribunal had previously set aside the appeal to the file of the Assessing Officer due to the assessee's late filing of the return for the assessment year 2018-19. The assessee argued that no disallowance could be made while processing the return under section 143(1)(a)(v) of the Act, referencing a decision in a similar case. However, the Tribunal found no mistake in its earlier decision and dismissed the application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134876 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 07-09-2023
• Assessment Year: 2018-2019
• Appeal Filed On: 18-07-2023
• Other Referred Cases: ITO vs. Pudupet Co-operative Society Ltd.
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order; 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 िविवध यािचका सं / M.A. No.117/CHNY/2023 (arising in I.T.A. No. 152/CHNY/2023) िनधाᭅरण वषᭅ / Assessment Year : 2018-19 M/s. K 248 Karunaipalayam Primary Agricultural Co- operative Credit Society, Velayuthampalayam Post, Avinashi Taluk, Tirupur – 641 654 PAN: AAALK 1171A Vs. The Income Tax Officer, Ward 1(3), Tirupur (अपीलाथᱮ / Applicant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से /Applicant by : Shri A. Vijayalakshmi, CA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri AR.V. Sreenivasan, Addl.CIT सुनवाई कᳱ तारीख/ Date of hearing : 08.09.2023 घोषणा कᳱ तारीख /Date of Pronouncement : 08.09.2023 आदेश /O R D E R By way of this Miscellaneous Application, the assessee has requested for rectification of mistake apparent from record in the order of the Tribunal in ITA No. 152/CHNY/2023 dated 09.03.2023. 2 M.A No.117/CHNY/2023 2. Now before me, the ld.AR for the assessee argued that the issue of claim of deduction u/s.80P of the Income Tax Act, 1961 (hereinafter the ‘Act’), no disallowance can be made while processing the return u/s.143(1)(a)(v) of the Act, as this issue is covered by the decision of ITAT, Chennai in the case of ITO vs. Pudupet Co-operative Society Ltd., dated 05.02.2023. It was pointed out that the assessee’s return for assessment year 2018- 19 was filed on 31.12.2018 u/s.139(4) of the Act and not within the due date as prescribed u/s.139(1) of the Act, the provisions of section 80AC of the Act in regard to deduction not to be allowed unless return is furnished within the due dates as prescribed u/s.139(1) of the Act w.e.f. 01.04.2018 as amended by the Finance Act, 2018. The assessee has already moved a petition with CBDT praying for condonation of delay in filing return of income u/s.139(1) of the Act, which is pending before CBDT and in term of that, the Tribunal had set aside the appeal of assessee to the file of the AO. When this was pointed out, the ld.AR for the assessee could not controvert the above and hence, we find no mistake apparent from record in the order of Tribunal 3 M.A No.117/CHNY/2023 dated 09.03.2023 and hence, this miscellaneous application of the assessee is dismissed. 3. In the result, the miscellaneous application of the assessee is dismissed. Order pronounced in the open court on 8 th September, 2023 at Chennai Sd/- (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 8 th September, 2023 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Applicant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ /CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF.