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2022 (6) TMI 1070 - AT - Income TaxAssessment order passed u/s 143(1) - Disallowance u/s 80P - return was filed beyond the date stipulated under section 139(1) of the Act, the assessee cannot be allowed the benefit of section 80P - HELD THAT:- We note that in the case of Chirakkal Service Co-Operative Bank Ltd. Kannur [2016 (4) TMI 826 - KERALA HIGH COURT] held that a return filed by assessee beyond period stipulated under section 139(1) or 139(4) or under section 142(1) or section 148 can also be accepted and acted upon for entertaining claim raised under section 80P provided further proceedings in relation to such assessments are pending in statutory hierarchy of adjudication in terms of provisions of Act. We note that the instant case, there was approximately a two-month delay in filing the return of income by the assessee for the respective assessment years A.Y. 2018-19 & A.Y. 2019-20 and therefore looking into the totality of facts, in the interests of justice, we are restoring the case to the file of the Ld. CIT(Appeals) for fresh adjudication on merits of the case after giving due opportunity of hearing to the assessee for both the assessment years. Appeals of the assessee are allowed for statistical purposes.
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