TaxTMI 
TaxTMI 
2023 (9) TMI 1697
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....t, 1961 ['the Act' hereafter] against respective orders passed u/s 250 of the Act by National Faceless Appeal Centre, Delhi ['NFAC' 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/- b....
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....ax authorities below and without re-quoting grounds from appeal memo has submitted that, both the tax authorities below have erred in law by disallowing the 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 deductio....
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....ue date prescribed u/s 139(1) of the Act; and this position of law can be more clearly adumbrated or tabulated as under; Asst. Year Sr Original Return of Income 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 - ....
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....er is seems to have rightly attracted. For the reasons the Ld. CPC rejected the claim while processing the ITR summarily u/s 143(1) of the Act, and finding no fault therewith the Ld. NFAC has dismissed the appeal on this score. 11. In present appeals we note that, the appellant societies have furnished their ITR albeit beyond the prescribed due date (filed belated) and however those were filed with 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, t....