Belated filing of income Tax Return & allowability of deduction u/s 80P

Loading

Belated filing of income Tax Return & allowability of deduction u/s 80P

KARNATAKA HIGH COURT

 

PRL. COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, INCOME-TAX OFFICER VERSUS M/S. KERADI MILK PRODUCERS’ WOMEN CO-OPERATIVE SOCIETY LTD.

 

Writ Appeal No.4019/2019 (T-IT)

 

Short Overview of the Case: 

 

Condonation of delay in filing the returns – claim of deduction u/s 80P rejected

 

Appellant No.1 herein rejected the application filed under Section 119(2)(b) but the learned single Judge has set aside the said order and has remanded the matter to respondent No.3 for re-examination of the said application pertaining to con donation of delay in filing the returns for the assessment year 2018-19

 

ITAT has held as under:

 

On perusal of the impugned order of the learned single Judge as well as the order of appellant No.1/respondent No.1 in the writ petition passed under Section 119(2)(b) of the Act, we find that the learned single Judge was right in setting aside the said order and remanding the matter – while remanding the matter, the same ought to have been remanded to respondent No.1 in the writ petition i.e., appellant No.1 herein.

 

Therefore, with the aforesaid modification of the impugned order, the appeal stands disposed.

 

Since a time frame of three months from the date of receipt of the certified copy of the impugned order was granted by the learned single Judge to complete the reconsideration of the application filed by the respondent herein seeking condonation of delay in filing the returns, we now extend the said time by three months from the date of receipt of certified copy of this judgment.

 

Conclusions :

 

Since a time frame of three months from the date of receipt of the certified copy of the impugned order was granted by the learned single Judge to complete the reconsideration of the application filed by the respondent herein seeking con-donation of delay in filing the returns, we now extend the said time by three months from the date of receipt of certified copy of this judgment.

 

Menu