TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether an assessee who files a return after the due date under section 139(1) but in compliance with a notice issued under section 148 is entitled to claim deduction under section 80P of the Income-tax Act, 1961, in light of section 80AC (as amended by the Finance Act, 2018).
Analysis: Section 80AC imposes a mandatory precondition that no deduction under Chapter VI-A (heading "C") is allowable unless the return of income for the relevant assessment year is furnished on or before the due date specified under sub-section (1) of section 139. Section 80P falls within Chapter VI-A under heading "C" and therefore is subject to the requirement in section 80AC. A return filed only after the due date in response to a notice under section 148 is not a return furnished on or before the due date specified under section 139(1). The amendment effected by the Finance Act, 2018, effective 01.04.2018, does not revive or alter the expired due date by the issuance of a section 148 notice; consequently, a return filed pursuant to section 148 does not satisfy the condition prescribed by section 80AC for claiming Chapter VI-A deductions.
Conclusion: The claim for deduction under section 80P is disallowed because the return was not furnished on or before the due date specified under section 139(1), and therefore the requirement of section 80AC is not satisfied; outcome is against the assessee and in favour of the Revenue.
TaxTMI 
