2025 (8) TMI 1671

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....parate assessment orders passed by the Assessing Officer, under section 143(1) of the Income Tax Act, 1961. 2. Through these appeals, assessee assails the correctness of separate orders passed by the Commissioners of Income-tax (Appeals), in relation to the captioned assessment years 2019-20. Since these appeals are based on similar facts and common grounds of appeal, therefore I am proceeding to dispose of them by this consolidated order for the sake of convenience. The facts, as well as, the grounds of appeal raised by the assessee in ITA No. 312/Rjt/2022, have been taken into consideration for deciding these three appeals en-masse. 3. To adjudicate these three appeals, I have taken the lead case, in ITA No. 312/Rjt/2022 and the ground ....

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....ppeal. 4. Succinctly, the factual panorama of the case is that assessee before us is a Cooperative society. Before us, the assessee has raised four grounds of appeal, which are interrelated and pertain to only one issue, that is, the CPC's action in denying of exemption u/s 80P(2), by way of intimation u/s 143(1) of the Act issued on 22.12.2020, on the ground that the assessee filed its return of income for the assessment year (AY) 2019-20, beyond the prescribed time limit and as such its claim is not admissible as per provisions of section 80AC(ii) of the Act. The Assessee is a Co-operative housing Society, duly registered under the Gujarat Cooperative Societies Act. The assessee filed return of income for the assessment year 2019-20, on....

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....-section (4) of section 139 of the Act. The action of the CPC and such an adjustment made by the CPC is not permissible under the Act, as section 143(1) permits adjustment only when there is arithmetical error or incorrect claim is apparent from any information in the return whereas in the instant case, none of the conditions to make adjustment u/s 143(1) of the Act, were found to be fulfilled, hence, adjustment made by the CPC, in respect of deduction u/s 80P may be held as invalid. To support its case, the ld. Counsel has relied upon the order dated 03-02-2021 of the Hon'ble ITAT Mumbai Bench passed in the case of New Ideal CHS Ltd. vs. ITO (ITA No. 2681/Mum/2019 for the AY 2015-16). Besides, Ld. Counsel also stated that the Return of....

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....e Act. For filing of return of income u/s. 139(1) of the Act, due date is prescribed which is further extended by the higher authority as and when required. Similarly, date of return for filing of return u/s 139(4) of the Act, is also prescribed. Thus, dates of filing of returns u/s 139(1) and 139(4) are separate. In general terms, section 139(1) of the Act, states about filing of original return in due date or extended date whereas return of income filed u/s 139(4) of the Act, can be filed, if the person who fails to file the return of income within the time-limit prescribed, then as per section 139(4) of the Act, the assessee can file a belated return. A belated return can be filed at any time before the end of the relevant assessment yea....