2023 (10) TMI 309

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..... elated return were beyond the control of the assessee. The Government Auditor has given its report belatedly and, therefore, the filing of the return of income was delayed due to the genuine reasons. The submissions of the ld. AR that the mandate of filing the return of income on due date will be applicable from A.Y. 2021-22 appears to be correct. Hence, the Assessing Officer as well as the CIT(A) was not right in disallowing the claim of deduction under Section 80P of the Act to the assessee only on the ground of delay in filing the return. Appeal of the assessee is allowed. - MS. SUCHITRA KAMBLE, JUDICIAL MEMBER For the Assessee by Shri P.F. Jain, AR For the Revenue by Ms. Saumya Pandey Jain, Sr. DR ORDER This .....

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..... and filed its return of income on 31.03.2021 wherein the assessee claimed deduction under Section 80P of the Income Tax Act, 1961 of Rs. 4,18,340/-. The CPC denied the claim under Section 80P thereby raising demand of Rs. 1,61,860/-. 4. Being aggrieved by the Assessment Order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The Ld. AR submitted that the CIT(A) as well as the Assessing Officer denied the deduction claimed by the assessee under Section 80P(2)(b) of the Act on the ground of belated filing of the returns. The return of income was filed on 31.03.2021 as against extended due date of 15.02.2021 resulting into delay of about one and half month. As per return of income, there w .....

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..... Heard both the parties and perused all the relevant material available on record. There is no dispute that the assessee is entitled for deduction under Section 80P of the Act and the circumstances under which the assessee filed the belated return were beyond the control of the assessee. The Government Auditor has given its report belatedly and, therefore, the filing of the return of income was delayed due to the genuine reasons. The submissions of the ld. AR that the mandate of filing the return of income on due date will be applicable from A.Y. 2021-22 appears to be correct. Hence, the Assessing Officer as well as the CIT(A) was not right in disallowing the claim of deduction under Section 80P of the Act to the assessee only on the ground .....

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