Deduction under section 80P disallowed where return filed after the section 139(1) due date; apply to Principal Commissioner for condonation.

Deduction under section 80P is unavailable where the return of income was filed after the due date under section 139(1), because eligibility is conditioned on timely filing; the assessing authority denied the deduction under section 143(1) and the appellate order dismissing the appeal for failure to seek condonation of delay is sustained. The operative remedy is to apply for condonation of delay before the competent Principal Commissioner, not by interference with the appellate order, and the appeal is therefore dismissed with liberty to seek condonation.

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Issues: Whether deduction under section 80P of the Income-tax Act, 1961 can be allowed where the return of income for the relevant assessment year was filed after the due date under section 139(1) and whether the appellate order dismissing the appeal for want of sufficient cause for condonation of delay was sustainable.

Analysis: The return of income for the assessment year was filed after the due date prescribed under section 139(1) of the Income-tax Act, 1961. Section 80AC conditions eligibility for deduction under section 80P on filing the return within the time prescribed by section 139(1). The assessing authority issued intimation under section 143(1) denying the deduction on this ground. The appellate authority dismissed the appeal for failure to seek condonation of delay, and the power to condone delay for allowing a deduction under section 80P is vested with the jurisdictional Principal Commissioner of Income Tax. In these circumstances, interference with the appellate authority's decision is not warranted where the legislative conditions for claiming the deduction were not met and the proper remedy lies in seeking condonation before the competent authority.

Conclusion: Deduction under section 80P of the Income-tax Act, 1961 is not allowable where the return was filed after the due date under section 139(1) and no condonation was obtained; the appellate order dismissing the appeal for non-supply of sufficient cause for condonation of delay is upheld and the appeal is dismissed, with liberty to apply to the jurisdictional Principal Commissioner for condonation of delay.

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