Appellate Tribunal Grants Appeal, Orders Reevaluation by CIT(A) for 2018-19 & 2019-20 The Appellate Tribunal allowed the appeals for statistical purposes, directing a reevaluation by the CIT(A) after providing the assessee with a fair ...
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Appellate Tribunal Grants Appeal, Orders Reevaluation by CIT(A) for 2018-19 & 2019-20
The Appellate Tribunal allowed the appeals for statistical purposes, directing a reevaluation by the CIT(A) after providing the assessee with a fair hearing for both assessment years 2018-19 and 2019-20. The Tribunal considered the Kerala High Court's decision that late-filed returns can be accepted for claims under section 80P if further proceedings are pending, and due to a two-month delay in filing, the case was restored for fresh adjudication.
Issues: Appeals against disallowance of deduction u/s 80P for AY 2018-19 & 2019-20 due to late filing of return.
Analysis: 1. Background: The appeals were filed by the assessee against the orders of the National Faceless Appeal Centre for the assessment years 2018-19 and 2019-20.
2. Common Issues: Since common issues were involved in both appeals, they were heard together.
3. Grounds of Appeal: The assessee challenged the assessment orders passed by the Assessing Officer and confirmed by the first appellate authority, specifically contesting the disallowance of deduction u/s 80P.
4. Factual Overview: The assessee, a cooperative society, filed returns of income for both years, claiming deductions u/s 80P. The returns were processed under section 143(1) of the Income Tax Act, determining total income with disallowed deductions.
5. Decision of CIT(A): The CIT(A) dismissed the appeals, citing late filing of returns as the reason for disallowance of deduction u/s 80P, as per section 80AC(ii) of the Act.
6. Appellate Tribunal's Analysis: The Tribunal noted the Kerala High Court's decision that late-filed returns can be accepted for claims under section 80P if further proceedings are pending. Considering a two-month delay in filing, the Tribunal restored the case to the CIT(A) for fresh adjudication.
7. Judgment: The Tribunal allowed the appeals for statistical purposes, directing a reevaluation by the CIT(A) after providing the assessee with a fair hearing for both assessment years.
This detailed analysis covers the issues, background, grounds of appeal, factual overview, decisions of the CIT(A), the Tribunal's analysis, and the final judgment, providing a comprehensive understanding of the legal judgment.
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