Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (7) TMI 278 - ITAT KOLKATADeduction u/s 11 - not filing the return of income within time as prescribed u/s 139(1) as required u/s 12A(1)(ba) r.w.s 139(4A) - return of income filed by the assessee is a belated return - CIT-A deleted the addition - HELD THAT:- The issue is squarely covered by the decision of Bangarh Educational Welfare Trust [2022 (1) TMI 1321 - ITAT KOLKATA] taking note of the CBDT Circular No.F.No.173/193/2019-ITA-I dated 23.04.2019 held since section 139(1) and section 139(5) are part of section 139 only and in this section 139 and sub-section (5) provides the mechanism to file a belated return, therefore, for A.Y 2018-19, even if the assessee files the return before the last date of filing of belated return the same should be treated as due compliance to section 12A(1)(ba) of the Act. For the year under appeal, the belated return could have been filed before 31.03.2019, and since the assessee has filed the return on 15.11.2018, therefore, considering the directions of CBDT Circular dated 23.04.2019, which are binding on the Revenue authorities, we are of the view that the assessee has fulfilled the conditions provided under sub-clause (ba) of section 12A(1) of the Act and has filed the return of income within the time allowed - Decided in favour of assessee.
|