2024 (6) TMI 1482

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....Desai ORDER PER S.S. GODARA, JM : This assessee's appeal for assessment year 2019-20 arises against the CIT(A)-4, Chennai's order dated 05.01.2024 passed in DIN and Order No.ITBA/APL/S/250/2023-24/1059396547(1), in proceedings u/s. 250 of the Income Tax Act, 1961; in short "the Act". Heard both the parties at length. Case file perused. 2. It emerges at the outset with the able assis....

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.... "2. Mr. Marathe submitted at the outset that both the learned lower authorities and more particularly, the ADIT, CPC, Bangalore's sec.143(1)(a) "processing" dated 22.02.2020 has rightly disallowed the assessee's sec.80P deduction claim of Rs.16,09,780/- for want of filing of it's sec.139(1) return within the "due" date. He sought to buttress the point that such a claim could be disallowed u....

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....rein is 2017-2018 only. So far as the Revenue's case quoting sec.80AC is concerned (supra), it would be very much relevant to observe that once the legislature itself has made the impugned provision in sec.143(1)(a)(v); the same could not have led to the assessee's 80P deduction disallowance in summary "processing". Hon'ble Madras high court's decision in Veerappampalayam Primary Agricultural Coop....