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TMI Blog2024 (9) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as "Act"] for Assessment Years [A.Y.] 2012-13 & 2013-14. 2. The assessee has raised following grounds of appeal for AY 2012-13: "1 On the facts and the circumstances of the case and in law, the learning Addl/JCIT (A) erred in not condoning the delay in filing an appeal though there was reasonable cause due to which the appellant was prevented from filing the appeal in time. 2 On the facts and the circumstances of the case and in law, the learning Addl/JCIT (A) erred in not condoning the delay in filing an appeal and dismissing the appeal in limine and not considering the merits of the case. 3 The CIT(A) erred in not considering that the interest received of Rs. 7,07,397 from Co-operative Banks is allowable under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the return declaring income of Rs. 26,47,270/- was filed on 14.09.2012. An intimation u/s 143(1) of the Act issued by Central Processing Centre, Bengaluru (CPC) on 27.02.2013, after disallowing the claim of deduction u/s 80P(2)(d) to the tune of Rs. 7,07,397/-. The disallowance was made on account of the fact that the return was not filed on time. An application u/s 154 was filed by the assessee on 30.12.2014 which remained pending. Thereafter, an appeal was filed before the Ld. Addl. CIT(A) on 04.04.2023 with a delay of 3685 days. Inordinate delay of 3685 days was not condoned by the Ld. Addl. CIT(A) and the appeal was dismissed in limine vide order dated 28.03.2024. 5. We have heard the rival submissions. Ld. AR has explained that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication u/ 154 before the AO/CPC, then assessee was under bonafide belief that the adjustment would get rectified and even CA also did not advice the society to file an appeal when application was disposed of for certain period. It is later on when demand notice was issued then assessee was advised to file an appeal. Thus, looking to the fact that assessee is cooperative housing society and it was under a bonafide belief that it has filed a rectification which was not disposed of till date, therefore delay in filing of first appeal cannot be held to latches on part of the assessee. Thus, delay in filing appeal before the first appellate authority is condoned. 8. On merits in both the years, adjustment has been made by the CPC u/s. 143( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve been made. In the early provision of adjustment u/s. 143(1)(a) no such disallowance could have been made. Accordingly, we hold that disallowance made by the CPC u/s. 143(1)(a) on the claim of deduction u/s. 80P is beyond the scope of adjustment u/s. 143(1) accordingly the adjustment is deleted." 7. Respectfully following the orders of the co-ordinate benches, we hereby allow the appeal of the assessee. The AO is directed to delete the disallowance of claim of deduction u/s 80P(2)(d) of the Act. ITA No. 2899/MUM/2024 (A.Y. 2013-14) 8. The facts of this year are exactly similar to the facts of AY 2012-13. Hence, order for A.Y. 2012-13 will apply mutatis mutandis to this year also. Accordingly, the appeal of the assessee is allowed and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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