2023 (9) TMI 1697

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....C' hereafter] for assessment year 2018-19 ['AY' hereinafter]. 2. The appeals are solitary concerned with denial of 80P deduction owning to return filed beyond due date prescribed u/s 139(1) of the Act. 3. Tersely stated facts of ITA No. 001/PAN/2023 are; The appellant assessee is a credit co-operative society has e-filed its return of income ['ITR' hereinafter] on 15/03/2019 declaring total income of NIL after claiming a deduction u/c VI-A of the Act with sum of Rs.17,17,931/ -. The ITR of the assessee society was e-processed determining the total income at Rs.17,17,931/- by disallowing deduction claimed u/c VI-A of the Act by virtue of provisions of sub-clause (v) of clause (a) of section 143(1) of the Act. Aggrieved....

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....e claim for 80P deduction made in the return of income furnished by way of making adjustment u/s (v) of clause (a) of section 143(1) of the Act. Per contra Ld. DR N. Shrikanth vehemently supported the impugned orders. 7. Heard rival common contentions; and subject to provision of rule 18 of ITAT-Rules, 1963 perused material placed on record, case laws relied upon by both the rival parties and we note that precisely two issues have arisen for our consideration viz; (1) eligibility for claim of deduction u/s 80P of chapter VI-A of the Act and (2) the jurisdiction to disallow 80P deduction in summary assessment u/s 143(1) of the Act. 8. Let us deal with issue of eligibility of the claim of deduction u/s 80P of VI-A of the Act first; it goes ....

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....me Filed Allowability of Deduction u/c VI-A of the Act Revised Return of Income Filed Allowability of Deduction u/c VI-A of the Act Within due date prescribed u/s 139(1) After expiry of due date prescribed u/s 139(1) Within due date prescribed u/s 139(1) After expiry of due date prescribed u/s 139(1) Upto AY 2017-18 (Claims are subjected to 80A(5) of the Act) 1 Without Claim - Not Allowed Without Claim - Not Allowed 2 With Claim Allowed 3 - Without Claim Not Allowed 4 With Claim Allowed 5 - Without Claim Not Allowed - Without Claim Not Allowed 6 With Claim Allowed 7 With Claim - Allowed Without Claim - Not Allowed 8 With Claim Allowed 9 - Without Claim Not Allowed 10 With Claim Allowed 1....

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....h an eligible claim for 80P deduction therein. Therefore jurisdiction of Ld. CPC s/c (v) of clause (a) of sub section (1) of section 143 of the Act is not available as the matter of fact that s/c (v) (supra) was amended by the Finance Act, 2021 wherein instead of reference to Sections 10AA, 80-IA, 80-IAB, 80-IB, 80-IC, 80- ID or Section 80-IE, the provision instead makes a mention of Section 10AA or under any of the provisions of Chapter VI-A under the head 'C- Deductions in respect of certain incomes'. Accordingly, the enabling provisions to address the amendment in Section 80-AC(ii) by Finance Act, 2018 came into play only in 2020-21 assessment year. Thus, no doubt Section 80AC as amended by the Finance Act, 2018 mandated that eve....