S373 The Slm Corporation HSC and High School Staff Co-Op T&C Soc Ltd. Vs ITO (ITAT Chennai)
The appeal before the ITAT Chennai arose from an order passed by the Addl./JCIT(A), Ranchi dated 12.12.2025 for Assessment Year 2019–20. The assessee, a co-operative society registered under the Tamil Nadu Cooperative Societies Act, 1983, had filed its return of income belatedly on 12.10.2020.
The Central Processing Centre (CPC), through an intimation under Section 143(1) dated 13.01.2021, disallowed the deduction claimed under Section 80P of the Income Tax Act, 1961 on the ground that the return was not filed within the time prescribed under Section 139.
The assessee challenged this before the First Appellate Authority (FAA), which upheld the disallowance. Aggrieved, the assessee filed an appeal before the Tribunal. During proceedings, the assessee submitted that it had filed a condonation petition dated 12.12.2025 before the CCIT, Coimbatore under Section 119(2)(b) seeking condonation of delay in filing the return under Section 139(1), and that the petition was still pending. It was argued that the outcome of this petition would directly affect the eligibility for deduction under Section 80P, and therefore, the matter should be restored to the Assessing Officer (AO) to await the decision of the competent authority.
