2024 (7) TMI 1684

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....contention of the appellant, the following question of law arises for consideration : (i) Whether the learned ITAT was justified in denying to condone the delay of 530 days, ignoring the fact that the appellant has already availed a forum under the Income Tax Act, 1961 for rectification whether such period spent therein should have been favourably considered. 3. The particulars of the case is that on 25.01.2019, the return was filed by the assessee/appellant and a deduction was claimed of Rs. 16,47,748/- under Section 80P(2)(a)(i) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act, 1961'). The said return was processed under Section 143(1)(a) of the Act, 1961 and the deduction as claimed was denied by order dated 07.06.2019....

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....e remedy of rectification wherein the deduction claimed by the assessee was denied and time spent therein after dismissal of the appeal against such order should have been condoned in view of Section 14 of the Limitation Act, which provides for exclusion of time spent in pursuing a remedy outside the prescribed period. 8. Learned counsel for the appellant placed reliance on the law laid down by the Supreme Court in Rahimal Bathu & others versus Ashiyal Beevi (2023 LiveLaw (SC) 829) to submit that the appellant was pursuing his remedy which was available under the statute which apparently is a bona fide and should have been condoned and the bona fide and good faith are writ large. Para 28 & 30 of the said judgment are reproduced hereinbelow....

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....ides for rectification i.e. a review, in case where certain facts have been left out or wrongly considered. The appellant thought it proper to avail such remedy but did not succeed and eventually the rectification prayer was subsequently dismissed, thereby upholding the original order of first appeal on 19.4.2022. Against such rejection of the rectification application process of first appeal and second appeal was availed which were ultimately decided on 27.10.2023 which leads to point out that it only envelops the issue of rectification. Subsequently, the main order dated 19.04.2022 was challenged before the ITAT on 30.11.2023. 12. The submission of the appellant and the learned ITAT dismissed the appeal at the threshold on the ground tha....