Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 309 - AT - Income TaxExemption claimed u/s. 80P(2)(b), 80P(2)(d), 80P(2)(c) - Claim denied on the ground of return of income having been filed late without properly appreciating the facts - Considering the fact of Covid, Government Audit having been not done on time and the Suo-Moto extension for limitation allowed by the Apex Court. - HELD THAT:- There is no dispute that the assessee is entitled for deduction under Section 80P of the Act and the circumstances under which the assessee filed the belated return were beyond the control of the assessee. The Government Auditor has given its report belatedly and, therefore, the filing of the return of income was delayed due to the genuine reasons. The submissions of the ld. AR that the mandate of filing the return of income on due date will be applicable from A.Y. 2021-22 appears to be correct. Hence, the Assessing Officer as well as the CIT(A) was not right in disallowing the claim of deduction under Section 80P of the Act to the assessee only on the ground of delay in filing the return. Appeal of the assessee is allowed.
|