Liliya Lathi Taluka Sahkari Kharid Vechan Sangh Ltd. Vs ITO (ITAT Rajkot)
Section 80P deduction allowed as same was disallowed for late filing of the income tax return and this delay been condoned by CCIT: ITAT Rajkot
The case of Liliya Lathi Taluka Sahkari Kharid Vechan Sangh Ltd. vs. ITO before the ITAT Rajkot pertained to the denial of a Section 80P deduction due to the late filing of the income tax return for the assessment year 2019-20. The assessee had appealed against the order of the Commissioner of Income Tax (Appeals) [CIT(A)], which upheld the rejection of the deduction claim by the Centralized Processing Centre – Assessing Officer (CPC-AO) under Section 143(1) of the Income Tax Act, 1961. The primary ground for rejection was the delay in filing the return, leading the assessee to file a condonation petition under Section 119(2)(b) of the Act. The Chief Commissioner of Income Tax (CCIT), Rajkot, later allowed this petition through an order dated November 14, 2024, effectively removing the reason for rejection of the Section 80P claim.
During the hearing, the assessee’s counsel requested to withdraw the appeal, as the issue of delayed filing had been resolved through the condonation granted by the CCIT. The Department’s representative had no objections to this request. ITAT Rajkot acknowledged that, with the delay condoned, the appeal had become infructuous and directed the Assessing Officer to pass a consequential order in accordance with the law. As a result, the tribunal allowed the withdrawal of the appeal and dismissed the case accordingly. The order was pronounced in open court on January 20, 2025.
