Laxmi Prasad Sahu ORDER
George George K., Vice President
1. This appeal at the instance of the assessee is directed against CIT(A)'s order dated 20.12.2023 passed u/s.250 of the Income-tax Act, 1961 ("the Act" hereinafter). The relevant assessment year is 2018-2019.
2. The grounds raised read as follows:-
"(a) The order passed by the AO and The Commissioner of Income-tax (Appeals) (Faceless) are bad in law and against the facts of the case.
(b) The learned AO and CIT(A) (Faceless) erred in law and on the facts in disallowing the deduction of Rs.8,65,106 claimed u/s.80P(2)(a)(i) of the Income-tax Act, 1961.
(c) The learned CIT(A) (Faceless) has not considered the application filed for delay condonation u/s.119(2)(b) of the Income-tax Act applied as per notification of the CBDT.
(d) That any other relief or reliefs deemed fit in the facts and circumstances of the case may be granted.
(e) The appellant craves leave to add, alter or vary the grounds of appeal before or at the time of hearing."
3. The brief facts of the case are as follows:-
The assessee is a co-operative credit society, registered under the Karnataka Co-operative Societies Act, 1959. For the assessment year 2018-2019, the return of income was filed on 30.03.2019 declaring `Nil' income after claiming deduction u/s.80P of the Act, amounting to Rs.8,65,106. The assessment was completed u/s.143(3) of the Act vide order dated 16.10.2019, wherein the claim of deduction u/s.80P of the Act was denied. The reason for denying the claim of deduction u/s.80P of the Act was that the assessee had not filed its return of income within the due date prescribed u/s.139(1) of the Act.
4. Aggrieved by the order of assessment denying the claim of deduction u/s.80P of the Act, the assessee filed appeal before the first appellate authority. The CIT(A)confirmed the view taken by the Assessing Officer. The CIT(A) held that in view of the amendment in section 80AC of the Act with effect from 01.04.2018, the return of income has to be filed for claiming deduction u/s.80P of the Act within the due prescribed u/s.139(1) of the Act.
5. Aggrieved by the order of the CIT(A), the assessee has filed the present appeal before the Tribunal. The learned AR submitted that the assessee has filed a delay condonation application before the relevant authority for condonation of delay in filing the return of income. It was submitted that the matter may be remanded to the A.O., to take a decision after the outcome of the delay condonation petition filed before the relevant authority. In this context, the learned AR relied on the order of the Bangalore Bench of the Tribunal in the case of Kuruhinasetty Souharda Credit Co-operative Ltd. v. ITO in ITA No.909/Bang/2023 (order dated 02.01.2024).
6. The learned Departmental Representative supported the orders of the A.O. and the CIT(A).
7. We have heard the rival submissions and perused the material on record. In the instant case, assessee has not filed the return of income within the due date prescribed u/s.139(1) of the Act. For claiming deduction under section