9911796707
TMI Blog2022 (6) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... control of the assessee. Assessee has filed its return of income as soon as it has received the Audit Report from the Department. Further, the delay in filing of the return for the relevant AY is very small in as much as the extended due date for filing of return of income for the AY 2019-20 was 31.10.2019, whereas, the assessee has filed its return of income on 14.11.2019. Therefore, considering reasons given by the assessee for delay in filing of return of income for the relevant AY and also taken note of the fact that the assessee is, otherwise, entitled for deduction u/s.80P(2) of the Act, we are of the considered view that the ACIT/CPC were erred in rejecting deduction claimed u/s.80P(2) of the Act. Hence, we direct the AO to allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to claim deduction u/s. SOP of the Act, is only directory and not Mandatory. 5. The appellant is relying on the decision of the IT AT Delhi in the-case of ACIT Vs. Dhir Global Industria Pvt Ltd (2011) 43 SOT 640 (Delhi) and the decision of the Allahabad High Court in the case of Bharat Auto Centre Vs CIT reported in 282 ITR 366.1n view of the above decision the appellant is eligible for the claim made under chapter 6A to an extent of Rs.10,09,800/-. 3. The brief facts of the case are that the assessee is a registered Co-operative Society under the Tamil Nadu Co-operative Societies Act, 1983. The assessee had filed its return of income for the AY 2019-20 on 14.11.2019 declaring total income of Rs.1,80,480/- after claiming d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act. The Audit was completed on 08.10.2019. After receipt of the Audit Report, the assessee has filed its return of income on 14.11.2019. Therefore, when the assessee is, otherwise, entitled for deduction, merely, for the reason of small delay in filing return, deduction cannot be denied. 6. The Ld.DR, on the other hand, supporting the order of the Ld.CIT(A), submitted that in order to claim deduction u/s.80P(2) of the Act, the assessee should filed its return of income on or before due date specified u/s.139(1) of the Act, in terms of Sec.80AC of the Act. Since, the assessee does not satisfied the conditions prescribed therein, the ACIT/CPC has rightly disallowed the claim of the assessee and their orders should be upheld. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the Act, we are of the considered view that the delay in filing of return, cannot be attributable to the assessee, because, completion of Audit by the Co-operative Department, is not under the control of the assessee. Further, the assessee has filed its return of income as soon as it has received the Audit Report from the Department. Further, the delay in filing of the return for the relevant AY is very small in as much as the extended due date for filing of return of income for the AY 2019-20 was 31.10.2019, whereas, the assessee has filed its return of income on 14.11.2019. Therefore, considering reasons given by the assessee for delay in filing of return of income for the relevant AY and also taken note of the fact that the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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