SURYAVANSHI KSHATRIYA SAHAKARI PATPEDHI MARYADIT ,MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX CPC , MUMBAI

ITA 4402/MUM/2024

AI Insights

The case revolves around the denial of deduction under section 80P of the Income Tax Act, 1961, by the lower authorities on the grounds that the return was not filed within the statutory due date. The assessee argued that the return was filed within an extended due date granted by a CBDT circular. The Income Tax Appellate Tribunal, Mumbai, examined the facts and the relevant CBDT circular, which extended the due date for filing the return to October 31, 2018, for the assessment year 2018-19. The tribunal concluded that since the assessee filed the return on October 30, 2018, within the extended deadline, the deduction under section 80P should be allowed.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472730 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2018-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASSESSEES COVERED UNDER CLAUSE A OF EXPLANATION OF SECTION; ASIF KAR MALI; DR
• Assessee Lawyers: ASHOK SHARMA; AR
• Section: 119; 139(1); 80P; 2

Judgement Text

" | आयकर अपीलीय अिधकरण \fा यपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “J(SMC)” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, HON’BLE VICE PRESIDENT & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER I.T.A. No. 4402/Mum/2024 Assessment Year: 2018-19 Suryavanshi Kshatriya Sahakari Patpedhi Maryadit 201/202, Balaji Center Veer Savarkar Marg Virar East Maharashtra - 401305 [PAN: AAEAS6926Q] Vs Deputy Commissioner of Income Tax, CPC अपीला थ\u0016/ (Appellant) \u0017\u0018 यथ\u0016/ (Respondent) Assessee by : Shri Ashok Sharma, A/R Revenue by : Shri Asif Karmali, Sr. D/R सुनवाई की तारीख/Date of Hearing : 06/02/2025 घोषणा की तारीख /Date of Pronouncement: 11/02/2025 आदेश/O R D E R PER NARENDRA KUMAR BILLAIYA, AM: This appeal by the assessee is preferred against the order of the ld. Addl./JCIT(A)-1, Hyderabad [hereinafter ‘the ld. CIT(A)’] dated 29/06/2024, pertaining to AY 2018-19. 2. The grievance of the assessee reads as under:- “1. A. On the facts and circumstances of the case and in law the learned CIT(A) erred in confirming the disallowance of deduction u/s 80P of I.T. Act, 1961 on the ground that the return of income is filed beyond statutory due date specified u/s 139(1) and as such as per provisions of section 80AC of I.T. Act, 1961 the deduction u/s 80P is not allowable. B. The learned CIT(A) erred in not appreciating the fact that the appellant has filed the return of income on 30-10-2018 and as per clause (a) of explanation 2 to section 139(1) of the Act the due date for submission of return is 30-09-2018 which was extended up to 31-10-2018 by circular dt 08-10-2018 F. No-225/358/2018/ITA-II. I.T.A. No. 4402/Mum/2024 2 C. The appellant therefore submits that since the return of income is filed within the statutory due date the deduction u/s 80P needs to be allowed. 2. The appellant craves to leave, add, alter or amend any grounds of appeal before or at the time of hearing.” 3. The solitary reason for the denial of deduction u/s 80P of the Act is that, according to the lower authorities, the assessee did not file its return of income u/s 139(1) of the Act. Therefore, it is eligible for the claim of deduction. 4. The following CBDT Circular shall settle the quarrel in favour of the assessee and against the revenue:- F.No. 225/358/2018/ITA.II Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi, the 8th of October, 2018 Order under Section 119 of the Income-tax Act, 1961 On consideration of representations from various stakeholders for further extension of due date being 30th September, 2018 for purpose of filing return of income as well as various reports of audit pertaining to Assessment Year 2018-2019 for assessees covered under clause (a) of Explanation 2 of section 139(1) of the Income-tax Act, 1961 (Act), the Board, in partial modification of its order dated 24.09.2018 in file of even number, hereby, further extends the due date for filing of return of income and reports of audit pertaining to Assessment Year 2018-2019 from 15th October, 2018 to 31st October, 2018. However, as specified in earlier order dated 24.09.2018, assessees filing their return of income within the extended due date shall be liable for levy of interest as per provisions of section 234A of the Act.” 5. It can be seen from the above that for the year under consideration, the Board has extended the date from 30/09/2018 to 31/10/2018 and the undisputed fact is that the assessee has filed its return of income on I.T.A. No. 4402/Mum/2024 3 30/10/2018, which is well within the extended due date. Therefore, the AO is directed to allow the claim of deduction u/s 80P of the Act. 6. In the result, appeal of the assessee is allowed. Order pronounced in the Court on 11th February, 2025 at Mumbai. Sd/- Sd/- (SAKTIJIT DEY) (NARENDRA KUMAR BILLAIYA) VICE-PRESIDENT ACCOUNTANT MEMBER Mumbai, Dated 11/02/2025 *SC SrPs *SC SrPs *SC SrPs *SC SrPs आदेश की \u0015ितिलिप अ\u001aेिषत /Copy of the Order forwarded to : 1. अपीलाथ\u001c / The Appellant 2. \u0015\u001dथ\u001c / The Respondent 3. संबंिधत आयकर आयु\" / Concerned Pr. CIT 4. आयकर आयु\" ) अपील ( / The CIT(A)- 5. िवभागीय \u0015ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 6. गाड& फाई/ Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Mumbai "