M/s. Shraddha Sakh Sahakari Sanstha vs. Income Tax Officer, Sendhwa

Parties Involved

Facts Summary

M/s. Shraddha Sakh Sahakari Sanstha, a society, filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the Assessment Year 2019-2020. The society had filed its income-tax return on 13-10-2020, declaring a total income of Rs. NIL after claiming a deduction of Rs. 15,51,612/- under section 80P of the Income-Tax Act, 1961. The return was processed under section 143(1) of the Act, wherein the deduction claimed under section 80P was disallowed since the return of income was not filed within the due date prescribed under section 139(1) of the Act. The society filed an appeal before the Commissioner of Income Tax (Appeals), National Faceless Appeal Centers, Delhi, challenging the disallowance of the deduction claimed under section 80P of the Act. The Commissioner of Income Tax (Appeals), NFAC, Delhi, dismissed the appeal filed by the society. The society filed the present appeal against the order passed by the Commissioner of Income Tax (Appeals), NFAC, Delhi.…

Legal Issues

• 1. Whether the delay in filing the appeal can be condoned?
• 2. Whether the disallowance of deduction u/s 80P is sustainable in law?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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