TaxTMI 
TaxTMI 
2025 (6) TMI 712
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....g out of the Intimation order dated 31.05.2019 passed u/s.143(1)(a) of the Act. 2. Facts of the case in brief are that the assessee is a Credit Cooperative Society and Nil income declared in the return filed for the A.Y. 2018-19 on 27.11.2018 after claiming deduction u/s.80P of the Act at Rs. 14,00,744/-. The return was processed by the CPC disallowing the deduction claimed by assessee. 3. Aggrieved assessee preferred an appeal before the ld.CIT(A) contending that CPC is not justified in disallowing deduction claimed u./s.80P of the Act under intimation u/s.143(1)(a) of the Act as till 31.03.2021 CPC had no power to disallow the deduction u/s.80P of the Act and further placed reliance on plethora of decisions passed by this Tribunal on th....
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....d.CIT(A). 5. When the case was called for, none appeared on behalf of the assessee despite due service of notice of hearing. However, considering that the issue raised in the instant appeal has been decided by this Tribunal in catena of decisions we proceed to adjudicate the appeal with the able assistance from the ld. Departmental Representative. 6. We have heard the ld. Departmental Representative and perused the record placed before us. The sole issue agitated in this appeal whether the CPC was justified in denying the deduction claimed by the assessee u/s.80P of the Act. We note that the amendment carried out in Finance Act, 2021 w.e.f. 01.04.2021 with respect to making prima facie adjustment for disallowing deduction under Chapter VI....
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....dly return was filed beyond the time limit prescribed u/s 139(1) of the Act but still section 143(1)(a)(v) is not applicable to the assessee since the case of the assessee is for A.Y. 2019-20, which is before the amendment. We also accept the argument of the ld. A.R for the assessee that even if the revenue intends to invoke clause (ii) of section 143(1)(a) that would also not be permissible since in the definition of incorrect claim as provided in the provision, the deduction u/s 80P is not included anywhere and is therefore, outside the purview of the said provision. Therefore, rigors of provisions of section 143(1)(a)(ii) and clause (v) are not applicable to the case of the assessee. On this legal ground itself, the assessee succeeds and....