TMI Blog2022 (6) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessments 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. - ITA Nos. 313 And 314/Ahd/2021 - - - Dated:- 22-6-2022 - Shri Waseem Ahmed, Accountant Member And Shri Siddhartha Nautiyal, Judici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pectively the disallowance of deduction u/s 80P of Rs. 3,11,500/. The same deserves to be deleted. 3. The appellant craves to reserve his right to add, alter, amend, or delete any ground of appeal during the course of hearing. 4. The brief facts of the case are that the assessee is a cooperative Society and filed return of income for assessment year 2018-19 on 26.10.2018 declaring total income of Nil after claiming deduction of _ 3,15,840/- u/s 80P of the Income Tax Act, 1961 (Act). The return of income was processed under section 143 (1) of the Act vide intimation dated 31-05- 2019 determining the total income at _ 3,15,840/-. Similarly for AY 2019-20, the assessee filed return of income on 15.10.2019 declaring total income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2018. The appellant filed the return of income belatedly on 26.10.2018 u/s 139(4) of the Act. As per the provisions of section 80AC (ii) of the Act, as amended by the Finance Act, 2018 with effect from Assessment Year 2018-19, no deduction under any provision of Chapter VI-A of the Act under the heading C-Deductions in respect of certain incomes shall be allowed in computing the total income of an assessee unless he furnishes a return of his income on or before the due date specified under sub-section (1) of section 139. Deduction u/s 80P of the Act is one of the deductions specified in part C of Chapter VI-A dealing with Deductions in respect of certain incomes. Since the appellant failed to furnish the return of income within the due d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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