2026 (3) TMI 1181

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....he disallowance of deduction claimed under section 80P of the Act on account delayed verification of return of income. 3. The facts in brief are that the assessee, a cooperative society, filed its return of income for the A.Y. 2022-23 electronically as on 29th September 2022 declaring total income at Nil after claiming deduction under section 80P of the Act for Rs. 16,28,380/- only. However, the verification of return filed electronically, was done as 30th December 2022 which was beyond 30 days period allowed for verification. 3.1 The return was processed under section 143(1) of the Act, wherein the CPC disallowed the deduction claimed under section 80P of the Act on account of delayed filing of return. The assessee filed multiple rec....

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....e due date for claiming deduction. 4. Being aggrieved by the order of the learned CIT(A), the assessee is in appeal before us. 5. The learned AR before us submitted that the assessee filed its return of income electronically on 29.09.2022 which was well within the due date prescribed u/s 139(1) of the Act. The delay occurred only in completing the verification of the return which was done on 30.12.2022. It was argued that verification of the return is only a procedural requirement and once the defect is cured, the return relates back to the original date of filing. Therefore, the return cannot be treated as a belated return merely because the verification was completed after 30 days. 5.1 The Ld. AR further submitted that section 80....

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....beyond the period of 30 days prescribed for verification. While processing the return u/s 143(1) of the Act, the CPC treated the return as filed on the date of verification and consequently disallowed the deduction claimed u/s 80P of the Act by invoking the provisions of section 80AC of the Act. The action of the CPC was affirmed by the learned CIT(A) by placing reliance on the CBDT Notification No. 5/2022 dated 29.07.2022 and also referring to the decision of the Hon'ble Supreme Court in the case of Checkmate Services Pvt. Ltd. vs CIT(supra). 7.1 After considering the materials on record, we are unable to concur with the conclusion drawn by the learned CIT(A). In the present case, it is not in dispute that the assessee filed the return ....

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....visions of section 80AC of the Act cannot be invoked in the present case to deny the deduction claimed by the assessee. In holding so, we draw support and guidance from the decision of coordinate bench of this Tribunal in the case of M/s Electronics & Controls Power Systems Pvt Ltd vs. DCIT in ITA No. 914/Bang/2016. In the said case the assessee (M/s. Electronics & Controls Power Systems Pvt Ltd) e-filed return for the A.Y. 2008-09 as on 30th September 2008 i.e. within the due date under section 139(1) of the Act. However, the verification/form ITR-v was filed on 31-03-2009. Therefore, relying upon the Board's Notification No. SO 1281(E) dated 27.07.2007, the AO has concluded that the return of income was deemed to have been filed on the da....