2022 (8) TMI 732

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.... in confirming the disallowance of deduction claimed by the assessee under section 80P of the I.T. Act. 3. The assessee is a cooperative housing society. In all the three years under consideration, the returns of income have been filed by the assessee belatedly i.e. beyond the due date prescribed under section 139(1) of the Act, details of which are given below :- Assessment year Due date Date of filing 2012-13 31.8.2012 29.3.2014 2013-14 5.8.2013 10.1.2015 2014-15 31.7.2014 10.1.2015 The returns of income filed by the assessee for the above said three years were processed under section 143(1) of the Act by the CPC, wherein deduction claimed by the assessee under section 80P of the Act was disallowed. The Learned AR submitted ....

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.... of section 80A(5) nor provisions of section 80AC are applicable to the assessee herein and hence, learned CIT(A) was not right in law in confirming the disallowance of deduction claimed under section 80P of the Act. 5. The Learned AR further submitted that impugned adjustment made by way of disallowance of claim u/s 80P of the Act is beyond the powers of the Assessing Officer during the years under consideration. The Ld A.R invited our attention to the provisions of sec.143(1)(a) of the Act and submitted that the power to disallow claimed under section 80P has been given to the Assessing Officer only w.e.f. 1.4.2021 by the Finance Act, 2021. Prior thereto, the Assessing Officer could disallow deductions claimed under section 10AA, 80IA, 8....

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.... was not filed before the due date specified under section 139(1) of the Act, was made applicable to the deduction under the heading "C - Deductions in respect of certain incomes" under Chapter VIA of the Act w.e.f. 1st day of April, 2018. Hence, for all the three years under consideration, provisions of section 80AC are also not applicable to the assessee, since all these three years prior to assessment year 2018-19. 9. The Learned AR also brought to my notice that the power to make disallowance of deduction under the heading "C - Deductions in respect of certain incomes" under Chapter VIA, while processing return under section 143(1) of the Act has been given to the Assessing Officer only by the Finance Act 2021 w.e.f. 1.4.2021. Prior to....