AI Overview...
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Delay in Filing Returns and Section 80P Benefits
The courts and CBDT Circular No.13 of 2023 emphasize that delays in filing returns, especially beyond due dates specified under Section 139(1), impact the eligibility for deductions under Section 80P. Several cases highlight that late filing or verification delays can lead to denial of benefits, unless condonation is granted. For instance, in ITA no. 128/Ahd/2023, the deduction was denied due to late filing, but authorities have the power to consider condonation applications under Section 119(2)(b) to mitigate genuine hardships THE TARKWARI CO-OPERATIVE AGRICULTURE SERVICE SOCIETY LTD. HAMIRPUR vs INCOME TAX OFFICER HAMIRPUR - Income Tax Appellate Tribunal. -
Impact of Late Verification and Filing on Deduction Claims
Multiple judgments clarify that late verification of returns or filing delays, even if due to obtaining audit reports or other procedural reasons, can result in disallowance of deductions under Section 80P, especially after amendments restricting such benefits for belated filings. The courts have observed that amendments to law and CBDT instructions restrict deductions unless returns are filed within prescribed deadlines, and late filings may not be condoned automatically SREE BASAWESHWAR VYASAYA SEVA SAHAKARI BANK LIMITED DEVIHOSUR HAVERI vs INCOME TAX OFFICER WARD-1 HAVERI - Income Tax Appellate Tribunal, Dared Seva Sahkari Assessment Unit, Mandali Ltd., Dared, Bhavnagar vs Jashonath Chowk, Nakubaug, Bhavnagar - Income Tax Appellate Tribunal. -
CBDT Circular No.13 of 2023 and Condonation of Delay
The Circular provides guidelines for considering applications for condonation of delay in filing returns, especially in the context of COVID-19 disruptions. Courts have directed authorities to consider genuine hardships and the provisions of Section 119(2)(b), allowing for the acceptance of belated returns where delays are justified, thus enabling claims for deductions under Section 80P Karkoodalpatty Primary Agricultural, Co-op. Credit Society Ltd. vs The Chief Commissioner of Income Tax - Madras, Primary Agricultural Cooperative Society VS Union of India - Andhra Pradesh, M/S.Sithamalli Primary Agricultural Co-operative Credit Society Ltd. vs The Chief Commissioner of Income Tax - Madras. -
Legal Precedents on Penalties and Non-Filing
Penalties under Section 271B for non-filing of audit reports or returns can be challenged if reasonable cause is shown. Courts have recognized delays caused by circumstances like the pandemic as valid reasons, and have directed authorities to consider circular provisions to avoid unwarranted penalties or disallowances Chavakkad Service Co-Operative Bank Ltd. VS Income Tax Officer - Kerala.
Analysis and Conclusion
The overarching insight from these sources is that while late filing or verification delays under the Income Tax Act can lead to denial of deductions under Section 80P, the CBDT Circular No.13 of 2023 provides a framework for condoning such delays in genuine cases. Courts have generally favored a compassionate approach, emphasizing that delays caused by extraordinary circumstances like COVID-19 should be considered valid reasons for acceptance of belated returns, thus safeguarding the benefits under Section 80P. Therefore, taxpayers should substantiate their delay reasons, and authorities are encouraged to consider applications for condonation in line with the circular provisions to ensure fair treatment.
Search Results for "Circular 13 of 2023 Cbdt Section 80p Delay in Filing of Returns"
2025 Supreme(Online)(Ker) 49833 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
Section 80P (2) of the Act. ... The appellant is stated to have not filed returns for the financial year relevant to the assessment year 2017-18, as it was of the bona fide belief that the benefits under Section 80P of the Act were available to it.
2025 Supreme(Online)(ITAT) 617 • India - Income Tax Appellate Tribunal (Chandigarh Bench)
SHRI. VIKRAM SINGH YADAV, AM
ITA no. 128/Ahd/2023 ) and has held that the deduction under section 80P is not allowable as the return was not filed within the specified time under section 139(1) of the Act. ... and to mitigate genuine hardship, the powers have been granted to the Chief Commissioner of Income Tax and Director General of Income Tax to consider the condonation application under section 119 (2)(b) of the Act and it was accordingly submitted that the delay in filing ....
2025 Supreme(Online)(ITAT) 1965 • India - Income Tax Appellate Tribunal (Bangalore Bench)
SHRI WASEEM AHMED, J
... ... Issues: Whether the delay in verification of the return justifies the denial of deduction under section 80P when the return ... (Paras 4, 10.1, 10.4) ... ... (B) Cooperative Societies - Provisions under section 80P are intended ... (A) Income Tax Act, 1961 - Sections 80P, 139(1), and 80AC - Deduction disallowed by CPC due to late verification of return - Assessee ... 10.3 It is also noted that the asses....
2025 Supreme(Online)(Mad) 55072 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
filing their return due to obtaining necessary audit reports. ... The petitioner, a co-operative society, challenged the order under Section 119(2)(b) of the Income Tax Act, 1961 claiming delay in ... As such, the court condoned the delay and set aside the impugned order, directing the respondent to accept the return and proceed ... That apart, the respondent ought to have considered the CBDT Circular No.13 of 2023....
2024 Supreme(Online)(ITAT) 1690 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Shri Ramit Kochar, AM, Shri T.R. Senthil Kumar, JM
It holds that filing a belated return under Section 148 does not suffice for claiming deductions under Section 80P post amendments ... to late filing of return in response to notice under Section 148. ... Court determined that the amended law governing Section 80AC restricts deductions unless returns are filed within the due date specified ... However, we have observed that CBDT in exercise of its....
2025 Supreme(Online)(Mad) 63369 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.Saravanan, J
Income Tax Act, 1961 , (herein after referred to as Act), whereby, the delay in filing the ITR returns under Section 119 (2)(b) of the Act has been rejected. ... The due dates for filing the return of income under 31.09.2020 2020-21 15.02.2021 2021-22 15.03.2022 2022-23 07.11.2022 4.The impugned order has referred to Circular No.13/2023, dated p ... 5.Date of filing of return for the ....
2024 Supreme(Online)(ITAT) 3024 • India - Income Tax Appellate Tribunal (Bangalore Bench)
Shri Chandra Poojari, ACJ, Shri Keshav Dubey, J
claimed u/s. 80IA for assessment year 2019-20 - Assessee contended timely filing under extended due date; rejection by NFAC deemed ... ... ... Ratio Decidendi: Filing audit reports perceived as non-mandatory under discussed circumstances and conditional allowances ... Rental income and profits from eligible unit - Assessee aligns with provisions under s. 80IA; necessity for audit report discussed - Filing ... ” 2.13 Thus, the assessee submitted that as per the above circular, the due date for #HL_STAR....
2024 0 Supreme(AP) 592 • India - Andhra Pradesh
G. NARENDAR, KIRANMAYEE MANDAVA
in filing returns. ... Issues: Whether the authority was correct in rejecting applications for condonation of delay in filing returns ... tax returns for the assessment year 2021-2022 due to COVID-19 disruptions. ... The applications by the assesse were preferred invoking the provisions of clause (b) of sub-section 2 of section 119 of the Income Tax Act, 1961, praying to condone the delay in the filing of #HL_STAR....
2024 0 Supreme(AP) 913 • India - Andhra Pradesh
G. NARENDAR, KIRANMAYEE MANDAVA
in filing returns under Section 119(2)(b) of the Income Tax Act, 1961. ... Income Tax - Applications for Delay Condonation - Income Tax Act, 1961, Section 119(2)(b) - The court emphasized ... of certain periods for limitation due to the pandemic must be adhered to, and the competent authority's reliance on an earlier circular ... The applications by the assesse were preferred invoking the provisions of clause (b) of sub-section 2 of section 119 of th....
2024 0 Supreme(Ker) 1206 • India - Kerala
A. K. JAYASANKARAN NAMBIAR, K. V. JAYAKUMAR
within the stipulated time - Penalty imposed under Section 271B was challenged - Court found reasonable cause for delay in submission ... (A) Income Tax Act - Sections 44AB, 271B, and 273B - Co-operative Societies failed to file audit reports ... (d) Whether the non-filing of returns in the stipulated format by itself would attract a penalty, when the assessee is claiming its entire income as to deducted under Section 80P ? ... (d) Whether the non-filing#H....
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