2023 (1) TMI 572

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.... disposal of this appeal are that the due date for filing the return of income by the assessee under section 139(1) of the Income Tax Act, 1961 (for short "the Act") for the assessment year 2018-19 was 30/09/2018, whereas the assessee filed its return of income on 31/03/2019 on the last date to file it under section 139(4) of the Act. By way of order under section 143(1) of the Act, learned Assessing Officer-CPC made an adjustment under section 143(1)(a)(v) by not allowing the deduction under section 80P of the Act to the tune of Rs. 17,83,232/-. 3. Assessee preferred appeal before the learned CIT(A) and argued that the amendment to Section 143(1)(a)(v) came into force with effect from 01/04/2021 and, therefore, no prima facie adjustment c....

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....does come not at the stage of 143(1)(a)(ii) and (v) of the Act, but it is only after issuing notice seeking explanation of the assessee. His grievance is that principles of natural justice are violated in this case. Learned AR also placed reliance on the decision of Rajkot Bench of the Tribunal in the case of Shri Nava Ujala Seva Sahakari Mandali Ltd. Vs. DCIT/ACIT(CPC) [2022] (11) TMI 128. 6. Per contra, learned DR vehemently opposed the claim of assessee, stating that let alone under section 143(1) of the Act, the assessee has no good case even under section 143(3) assessment and, therefore, merely because the amendment to Section 143(1)(a)(v) of the Act has come into force with effect from 01/04/2021, the violation of provisions under s....