TaxTMI 
TaxTMI 
2022 (10) TMI 1237
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.... 2. The assessee has taken the following grounds of appeal:- "1. The learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi 'ailed to appreciate that order passed u/s 143(1) is bad in law because provisions of Sec. 143(l)(a)(v) do not provide for denial of deduction u/s 80P of the Act when the return of income is not filed within time limit as provided u/s 139(1) of the Act but u/s 139(4). 2. The learned Commissioner (Appeals), National Faceless Appeal Centre, Delhi erred in upholding action of the CPC Bengaluru in making adjustment to the returned income of the Appellant by way of an intimation u/s 143(1) and in denying the benefit of Sec. SOP of the Act of Rs. 5,13,568/- to the Appellant by ailing to ....
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....tain incomes" shall not be allowed to an assessee unless the assessee furnishes a return of income for such assessment year on or before the due date specified under sub-section (1) of section 139. 5.5 In Right Tight Fastners Pvt. Ltd vs Acit-11(1)(1), Mumbai (ITA No. 3101/Mum/2018, A.Y 2012-13) Hon'ble ITAT "D" Bench, Mumbai on 11 January, 2021 held - Thus, considering the overall facts and circumstances of the case in the light of the decisions referred to above and more particularly applying the ratio of the decision of the Hon'ble Supreme Court in Dilip Kumar & Co. & Ors. (supra), we hold that the condition imposed under section 80AC of the Act has to be fulfilled for claiming deduction under 801B(10) of the Act. Since,....
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....f the Act was amended w.e.f. 01-04-2021 and hence any prima facie adjustment relating to denial of deduction when the return of income was not filed within due date, was not possible for the year under consideration. Further, "incorrect claim" u/s 143(1)(a)(ii) of the Act is defined by way of an Explanation to section 143(1) of the Act which does not state that the claim would be "incorrect" if return of income is not filed within the due date. Hence, the action of CPC is bad in law and therefore Ld. CIT(A) erred in facts and in law in holding that the assessee is not eligible for claiming deduction under section 80P of the Act for not filing return within the due date prescribed under section 139(1) of the Act. In response, Ld. Departmenta....
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....e impugned assessment year. Further, section 143(1)(ii) of the Act permits adjustment in case of an incorrect claim, if such incorrect claim is apparent from any information in the return. However, Explanation to the aforesaid section specifies the following cases where the claim made in the return of income can be said to be "incorrect" for the purposes of this subsection: (a) "an incorrect claim apparent from any information in the return" shall mean a claim, on the basis of an entry, in the return,- (i) of an item, which is inconsistent with another entry of the same or some other item in such return; (ii) in respect of which the information required to be furnished under this Act to substantiate such entry has....
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....ny information in the return). In our view, the scope of the adjustments that can be made under the said provision has been elaborated in the Explanation to the aforesaid section, which does not include denial of deduction claimed by the assessee in case the assessee does not furnish its return of income within the date stipulated under section 139(1) of the Act. The Explanation to the said section specifically provides for cases/instances when the claim made by the assessee could be said to be "incorrect". Therefore, in our considered view, the case of the assessee would also not fall within the purview of prima facie adjustment under section 143(1)(a)(ii) (an incorrect claim, if such incorrect claim is apparent from any information in the....