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Judgment
This assessee’s appeal for Assessment Year 2020-21, arises against the CIT(A)/NFAC, Delhi’s DIN & Order No. ITBA/NFAC/S/250-2025-26/1083639080(1) dated 12.12.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Perused the case file.
It emerges at the outset, during the course of hearing with the able assistance of both the representatives, that both the learned lower authorities have declined the assessee’s 80P deduction for the precise reason that it had failed to file its return within the due date u/s. 139(1) of the Act. Ld. Counsel fairly concedes that the assessee’s case is indeed covered u/s. 80AC of the Act applicable on or after 1.4.2018 onwards. I thus, find no reason to interfere to accept the assessee’s sole substantive ground in principle therefore.
Learned counsel next submits that assessee has filed its condontion petition before the prescribed authority seeking to treat its return in issue as filed for the purpose of claiming the impugned deduction, in light of the CBDT’s Circular No. 13/2023 which is stated to be pending till date. This tribunal is of the considered view that although no interference is made out at this stage, the assessee shall be at liberty to take recourse to appropriate proceedings in case its forgoing condonation petition stands accepted; if so advised.
In the result, the appeal of the assesee is dismissed in above terms.