2023 (2) TMI 854

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....rocessing Centre (CPC) on 09.03.2019. The ground raised by the assessee are reproduced as under: 1. On the facts and circumstances case in law, the Ld. NaCIT(A) erred in not providing deduction u/s 80P of the Act. 2. On the facts and circumstances of the case in law, the Ld. NaCIT(A) erred in not considering facts that assessee is facing issue of double taxation if addition is sustained. 2. The assessee also raised additional ground which is reproduced as under: 1. On the facts and circumstances of the case in law, CPC erred in disallowing 80P deduction while processing return u/s 143(3) which is bad in law. 3. Briefly stated, facts of the case are that in the case, the assessee filed return of income claiming deduction u/s 80P of t....

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....on us 80P(2)(d) of the Act in respect of interest earned by the assessee from the deposits kept with Co-operative Banks." 5. Before us, the Ld. Departmental Representative (DR) submitted that the Revenue has preferred appeal against the said order of the Ld. CIT(A) before the ITAT, hence matter being subjudice addition should not be deleted. 6. We have heard rival submission of the parties and perused the relevant material on record. In our opinion, the issue of deduction has already been allowed by the Ld. CIT(A) in 143(3) proceedings and therefore, the Revenue should have reduced the demand raised u/s 143(1) of the Act also. The Ld. AO is accordingly directed to give effect of the finding of the Ld. CIT(A) in the impugned order that ord....

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....y deduction under section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C.-Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder. As per sec. 80A(5), if an assessee has not made a claim for deduction under any of the sections mentioned in sec. 80A(5) of the Act, then such deduction shall not be allowed to him. As rightly pointed out by learned AR, the provisions of section 80A(5) would be applicable only if an assessee fails to make a claim for deduction under the heading "C - Deductions in respect of certain incomes" under Chapter VIA, which includes section 80P of the Act. In the instant cases, there is no dispute that the assessee has ma....