2024 (8) TMI 1710

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....credit facilities to its Members. The appellant society filed the Return of Income for the A.Y. 2018-19 on 15.09.2018 declaring Nil income after claiming deduction of Rs. 21,10,184/- u/s. 80P of the Income-tax Act, 1961 (hereinafter also called 'the Act'). The said return of income was processed u/s.143(1) vide intimation dated 09.08.2019 by the CPC, Bengaluru denying the claim for deduction u/s. 80P. 3. Being aggrieved, an appeal was filed before the Addl./JCIT(A) with a delay of five years. The appellant society filed a petition before the Addl./JCIT(A) praying for condonation of delay on the ground that the appellant society was not aware of the intimation dated 09.08.2019 issued u/s.143(1), as it was served through e-mail and the app....

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.... delay in filing the appeal before him dismissing it as barred by limitation. The appellant society had filed an application seeking the condonation of delay. It was averred in the said application that the appellant society had no knowledge of the intimation dated 09.08.2019 issued u/s.143(1) till 20.10.2022 when the refund due for the A.Y. 2022-23 was adjusted against the demand due for the A.Y. 2018-19. It was only after ascertaining the reasons for non-receipt of the refund for the A.Y. 2022-23, the appellant could found out through his Chartered Accountant Mr. V.S. Jadhav that intimation for the A.Y. 2018-19 was issued on 09.08.2019 denying the grant of deduction u/s.80P of the Act. Then, the Chartered Accountant initiated steps for fi....

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....law, as aforesaid, and the law laid down by this Court, it is evident that: (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time; (iii) The provisions of the Limitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally; (iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in min....