TROPIKAPARK CO OPERATIVE HOUSING SOCIETY LIMITED,AHMEDABAD V. THE ADIT, CPC, BENGALURU PRESENT AO THE ITO, WARD- 1(1)(1), AHMEDABAD

ITA 335/AHD/2024

AI Insights

The case involves Tropikapark Co-operative Housing Society Limited appealing against an order from the Learned Commissioner of Income Tax (Appeal), which confirmed a disallowance made by the Assessing Officer under section 80P(2)(d) of the Income Tax Act, 1961. The disallowance was due to the late filing of the tax return, which was submitted on March 26, 2022, instead of the extended due date of March 15, 2022. The tribunal's decision to dismiss the appeal as withdrawn was influenced by the assessee's participation in the Vivad Se Vishvas Scheme-2024, a scheme designed to settle pending tax disputes.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 25863 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAMTA SINGH
• Keywords: Additional evidence

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER I.T.A. No.335/Ahd/2024 (Assessment Year: 2021-22) Tropikapark Co-operative Housing Society Limited, 06, Vaishali Residency, Pankaj Society, Nr. Ramji Mandir, Bhattha, Paldi, Ahmedabad-380007. Vs. A.D.I.T, CPC, Bengaluru Present I.T.O Ward 1(1)(1), Ahmedabad [PAN No.AADAT8216H] (Appellant) .. (Respondent) Appellant by : Shri Suruti Vora on behalf of Shri S.V Agarwl, AR Respondent by: Smt. Mamta Singh, Sr.DR Date of Hearing 25.02.2025 Date of Pronouncement 06.03.2025 O R D E R The present appeal has been filed by the Assessee against the order passed by the Learned Commissioner of Income Tax (Appeal), Mumbai/ National Faceless Appeal Centre (NFAC), Delhi dated 06.12.2023 arising in the matter of assessment order passed u/s.143(1) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2021-22. ITA No. 335/Ahd/2024 Tropikapark Co-operative Housing Society Ltd. vs. ITO Asst.Year –2021-22 - 2– 2. The Assessee has taken the following grounds of appeal:- 1. Learned ADDL./JCIT(A)-13, Mumbai has erred in confirming the order of the A.O (ADIT, CPC) and further erred in confirming the disallowance made by A.O u/s.80P(2)(d) of Rs.1,56,533/- on the ground that return is not filed u/s.139(1) within extended due date of 15/03/2022, but filed on 26.03.2022. 2. Leaned ADDL./JCIT(A)-13, Mumbai has erred in confirming the disallowance u/s.80P(2)(d) of s.1,56,533/- which is highly disputed and cannot be adjusted u/s.143(1). 3. The assessee caves for liberty to amend, modify and add any grounds of appeal or furnish additional evidences. 3. The Ld.Counsel for the assessee has moved an application stating that the assessee has availed the benefit of Vivad Se Vishvas Scheme-2024. The assessee has also filed Form No.1 under the Direct Tax Vivad Se Vishwas Scheme, 2024. 4. The ld. Departmental Representative for the Revenue stated that he has no objection to withdrawal of the appeal in the circumstances narrated on behalf of the assessee. 5. In the light of request made on behalf of the captioned parties, the appeal is dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any reasons, whatsoever, then the assessee will be at liberty to seek restoration of original appeal for hearing before ITAT by moving a separate application in this respect. ITA No. 335/Ahd/2024 Tropikapark Co-operative Housing Society Ltd. vs. ITO Asst.Year –2021-22 - 3– 6. Subject to above observations, the appeal filed by the Assessee is hereby dismissed as withdrawn. This Order pronounced in Open Court on 06.03.2025 Sd/- Sd/-- (SANJAY GARG) JUDICIAL MEMBER Ahmedabad; Dated 06.03.2025 Manish, Sr. PS TRUE COPY आदेश क\u0007 \b\tत\u000bल\rप अ\u0010े\rषत/Copy of the Order forwarded to : 1. अपीलाथ\b / The Appellant 2. \u000bयथ\b / The Respondent. 3. संबं\u0010धत आयकर आयु\u0017त / Concerned CIT 4. आयकर आयु\u0017त(अपील) / The CIT(A)- 5. \u001aवभागीय \u001eत\u001eन\u0010ध, आयकर अपील!य अ\u0010धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशानुसार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील\u001eय अ\u001fधकरण, अहमदाबाद / ITAT, Ahmedabad "