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2022 (12) TMI 34 - AT - Income TaxDeduction u/s 80P - claim dismissed due to non-filing the return on or before the due date of filing the return - claim in return although filed late on account of reasons beyond the control of assessee - HELD THAT:- We find no infirmity in the impugned order confirming the disallowance of deduction claimed u/s. 80-P falling under Chapter VIA - A perusal of the copy of the application submitted with the office of the ld. Pr. CIT shows the same to be for condonation of delay in filing the return for the current year, and received by the said office on November 9, 2022. The same is in terms of the cited Circular and, therefore, is to be disposed by the ld. Pr. CIT within the stipulated period. As the assessee’s application for condonation of delay in filing it’s return is pending disposal as on date by the competent authority, we have little hesitation in accepting the assessee’s plea for restoring the matter back to be decided in accordance with law, i.e., on merits, in case the delay in filing the return is condoned, else the assessment as made stands confirmed. We have in principle no hesitation in accepting the assessee’s prayer, at the same time, we find no reason to set aside the assessment which is in accordance with law. We only consider it proper to restore the matter to the file of the first appellate authority for the purpose, i.e., to decide the issue of deduction u/s. 80-P on merits in the event of condonation of the delay in the furnishing of the return. It may do so by calling for a remand report in the matter from the AO, again, after hearing the assessee, or decide the matter itself after hearing both the sides before it. This shall also obviate the time limitation to which the assessment order would be otherwise subject.
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