Tribunal remands case for further consideration on late filing, ensuring comprehensive assessment and fair opportunity.

The Tribunal remanded the case back to the first appellate authority for further consideration based on the pending condonation application for late filing of the return. This decision aimed to allow a comprehensive assessment of the deduction under section 80P, ensuring compliance with the law while providing the assessee an opportunity to present their case effectively.

---

---

Issues:
Appeal against CIT(A) order dismissing deduction under section 80P for late filing of return - Condonation of delay in filing return - Request for remitting matter back to AO for decision on merits.

Analysis:
The appeal was filed against the CIT(A) order dismissing the deduction claimed under section 80P due to the late filing of the return of income for AY 2018-19. The assessee contended that the return was filed after the due date and sought condonation of the delay based on a circular allowing such condonation where the claim amount does not exceed a specified limit. The Tribunal noted that the appeal was dismissed for non-filing the return on time. The Tribunal found no issue with the order confirming the disallowance of the deduction under section 80P. However, considering the pending application for condonation of delay, the Tribunal accepted the assessee's plea to remit the matter back for a decision on merits if the delay is condoned, maintaining the assessment otherwise in accordance with the law.

The Tribunal acknowledged the application for condonation of delay in filing the return, which was pending with the competent authority. In principle, the Tribunal agreed to restore the matter for a decision on merits if the delay is condoned, ensuring compliance with the law. The Tribunal decided to remand the matter to the first appellate authority for a decision on the deduction under section 80P based on the outcome of the pending condonation application. This approach aimed to address the issue effectively, either through a remand report from the AO or a decision by the appellate authority after hearing both parties, thus avoiding time limitations on the assessment order.

In conclusion, the Tribunal disposed of the appeal by restoring the matter to the first appellate authority for further consideration based on the pending condonation application. The Tribunal's decision aimed to ensure a fair and comprehensive assessment of the deduction under section 80P, balancing the need for compliance with the law and providing the assessee with an opportunity to present their case effectively.

---